The draft law is aimed at strengthening the fight against organized crime and protecting society
A draft law has been initiated in Kyrgyzstan proposing amendments to several codes: the Criminal Code, the Criminal Procedure Code, and the Penal Code. The main objective of the document is to restore the concept of recidivism in legislation and to tighten responsibility for individuals who commit crimes repeatedly.
The authors of the initiative point out that after the abolition of the concept of recidivism in 2019, the situation has significantly worsened. Criminals have started to commit offenses again, receiving the same punishments as those who violated the law for the first time.
Reasons for restoring the concept of recidivism
Previously, if an individual served a sentence for a deliberate crime and then violated the law again, this was considered an aggravating circumstance. However, after the abolition of recidivism, repeat offenders began to receive more leniencies, including the possibility of probation, early conditional release, and lighter punishments.
According to law enforcement data, today nearly 90% of those convicted in high-security colonies are individuals who have committed crimes repeatedly, often as part of groups. Nevertheless, a comprehensive accounting of such offenders and preventive work is practically absent.
Proposals of the new draft law
The draft law proposes to once again consider cases where a person commits a deliberate crime after serving a sentence for a similar act as recidivism.
For such situations, stricter measures are provided:
- The punishment for a repeat crime cannot be less than half of the maximum term;
- For dangerous recidivism — no less than two-thirds;
- For particularly dangerous — no less than three-quarters of the maximum punishment;
- Recidivism will be officially recognized as an aggravating circumstance.
In addition, for dangerous and particularly dangerous recidivists, probation, early conditional release, and reconciliation with the victim will not be applied.
Tightening responsibility for group crimes
The law also strengthens responsibility for serious crimes committed by organized groups, such as murders, robberies, thefts, extortion, rapes, and kidnappings. If such crimes are committed in the context of dangerous or particularly dangerous recidivism, they will be classified as more serious, and the punishments will be stricter.
Confiscation of property as an additional measure
The document also proposes to introduce confiscation of property in relation to a number of serious crimes, including raiding, tax evasion, and customs duties in large amounts, extremism, and calls for violent seizure of power. The authors believe that this should deprive criminals of financial benefits.
Protection of the rights of citizens and the state
The draft law clarifies that actions aimed at protecting sovereignty, public safety, and the rights of citizens will not be considered crimes if they are carried out within the framework of the law. This is done to protect employees acting in the interests of the state and society.
The main goal — security and prevention
The initiators emphasize that the draft law is aimed not only at tightening punishments but also at protecting society from organized crime, as well as reducing the influence of criminal ideology, especially among youth. At the same time, the state is recommended to develop rehabilitation and social adaptation programs so that former prisoners do not return to criminal activities.
Photo www
