At a meeting of the Committee of the Jogorku Kenesh on Judicial and Legal Issues and the Fight Against Crime, Deputy Attorney General Umutkan Konkubaeva stated that the proposal to increase the punishment for traffic accidents committed under the influence of alcohol from 10 to 12 years contradicts current legislation.
During the discussion of the draft law "On Amendments to Certain Legislative Acts on Ensuring Road Safety," she noted that such an increase in sanctions does not align with the principles of the Criminal Code, as crimes in this category are considered to be committed through negligence. The maximum penalty for such cases is set at 10 years.
According to Article 312 of the Criminal Code of the Kyrgyz Republic, liability for intentional or negligent violations of traffic rules includes: A fine of 20,000 to 50,000 soms with a driving ban for up to two years if the traffic accident resulted in less serious harm to health. A fine of 100,000 to 200,000 soms or imprisonment for up to five years if the traffic accident resulted in serious harm. Imprisonment for five to eight years if the traffic accident resulted in particularly serious harm. Imprisonment for eight to ten years if serious harm was caused as a result of driving under the influence of alcohol.
Representatives of the Ministry of Internal Affairs propose to supplement the article with new clauses, in particular, to increase the punishment for traffic accidents committed by drunk drivers to 5-7 years of imprisonment, as well as to ban them from driving vehicles and holding certain positions for a period of 5 to 7 years.
In cases where a traffic accident was committed by a sober driver and resulted in death, it is proposed to introduce a punishment of 5 to 8 years with a driving ban and restrictions on holding certain positions for 2 to 5 years. If the incident resulted in the deaths of two or more people, the term may range from 8 to 10 years, with similar restrictions.
As for fatal traffic accidents committed under the influence of alcohol, the Ministry of Internal Affairs insists on introducing a punishment of imprisonment for 10 to 12 years with similar restrictions on rights.
Deputy Minister of Internal Affairs Oktobyr Urmambetov, commenting on the position of the Prosecutor General's Office, stated that committing a crime under the influence of alcohol should not be regarded as negligence, and the punishment for such actions should be intensified.
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