Fines, License Suspension, and Imprisonment for Drunk Driving: What Changes in Rules and Penalties for Drivers

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What changes does the Ministry of Internal Affairs (MIA) propose?

Changes to the Criminal Code

Article 57 (exemption from criminal liability upon reaching an agreement with the victim) proposes to exclude the possibility of exemption for individuals who committed crimes as part of an organized group or criminal community, as well as under parts 3 and 5 of Article 312 of the Criminal Code of the Kyrgyz Republic.

Article 60 (types of punishments) will be clarified with the addition of new categories of punishments and their gradations; provisions on the deprivation of special ranks and awards in accordance with the Criminal Code will be retained.

Article 82 (exemption from punishment with the application of probation) proposes to establish the possibility of applying probation for less serious crimes, as well as to set a list of categories of convicted individuals for whom probation will not be applied (including particularly serious crimes and corruption).

Article 211 (violation of traffic safety rules) will be clarified with an emphasis on stricter sanctions for actions committed while intoxicated.

Article 312 (violation of traffic safety rules) will propose new sanctions for serious consequences, including imprisonment for a term of 8 to 10 years if the violation results in the death of two or more people. Additionally, for actions taken while intoxicated, imprisonment of 10 to 12 years is provided.

Also, in the notes to Articles 211, 312, and 316, it will be clarified that vehicles include all types of vehicles for which a driving license is required.

Changes to the Code of Offenses

Article 33 (arrest) will propose to increase the maximum term of administrative arrest to 20 days and clarify the categories of individuals to whom arrest does not apply (for example, pregnant women and disabled persons).

Article 36 (temporary seizure of property) will establish that a driver's license is subject to temporary confiscation for certain offenses.

Article 38 (suspension from driving) will propose to clarify the procedure for suspending drivers, including cases where they lack the necessary documents.

Article 184 (driving without documents) will be clarified with new rules for retaking qualification exams.

Article 187 (speeding) will introduce clear responsibility for exceeding the established speed limit.

Article 190 (violations of traffic rules by other participants) will also be revised with clarification of measures of responsibility.

Article 193 (driving under the influence) proposes to tighten measures, including arrest and revocation of rights for refusal to undergo testing.

Articles 513-514 (special technical means) will be clarified to indicate that these are measuring devices with certification used for recording violations.

Article 540 (decision on seized property) will propose new formats for protocols and the possibility of sending them through electronic channels.

Article 552 (appeal procedure) will clarify the procedure for considering complaints in court.

Article 564² (execution of the decision on revocation of rights) will define the procedure for seizing the license for the duration of the revocation.

Article 569 (execution of court decisions) will propose a detailed procedure for the return of rights using an electronic database.

Law "On Road Traffic in the Kyrgyz Republic"

Article 2 (basic terms) will supplement definitions such as road safety and road user, as well as introduce new terms for mechanical vehicles and mopeds.

Article 24 (purposes of vehicle registration) will establish that any mechanical vehicle is subject to registration.

Article 25 (conditions for obtaining a license) will clarify age requirements and experience for various categories of vehicles, including mopeds.

It will also be established that possessing any category confirms the right to drive vehicles of category "A1", as well as the grounds for refusal to issue licenses in case of outstanding fines for traffic violations.
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