According to Ashirkhodzhaev, the abolition of the concept of recidivism in 2019, when the new Criminal Code was adopted, did not justify itself, and as a result, recidivists received excessively lenient penalties, including the possibility of probation and parole.
The new bill proposes to strengthen criminal liability for recidivism, including the following measures:
- Increased penalties for recidivists: the minimum penalty for recidivism cannot be less than half, for dangerous recidivism – two-thirds, and for particularly dangerous recidivism – three-quarters of the maximum penalty.
- Prohibition of exemption from criminal liability upon reaching an agreement with the victim for crimes committed during dangerous or particularly dangerous recidivism.
- Recognition of recidivism as an aggravating circumstance.
- Exclusion of probation supervision for individuals convicted of crimes with dangerous or particularly dangerous recidivism.
- Prohibition of parole for recidivists.
- Introduction of additional qualifying features for a number of crimes related to organized crime if committed during dangerous or particularly dangerous recidivism.
Bekeshev asked a question about amending Article 18 of the Criminal Code.Ashirkhodzhaev responded by quoting the text that excludes from the list of crimes actions that do not pose a public danger or are committed to protect the sovereignty and other interests of the state.
The deputy clarified: "Do you really consider this correct?"
The deputy minister confirmed that the provision is introduced specifically for such cases.In response, Bekeshev appealed to his colleagues to reject what he considered a "anti-people and cannibalistic" bill. He emphasized that such a provision places the Criminal Code above the Constitution, allowing officials to justify crimes in the interests of economic or informational security.
Bekeshev stated: "We are providing immunity for crimes! How could the committee overlook this? The Constitution takes precedence over codes! This project cannot be adopted; it is unnatural and against all citizens!"
The deputy minister, for his part, insisted that the project does not violate the Constitution, as the composition of the crime is defined precisely by the Criminal Code.
Suyunbek Omurzakov, deputy chairman of the committee, pointed out the need to exclude paragraph 2 of Article 18 from the project.
Bekeshev also noted that the project contains provisions on taxation that pose a threat to businessmen and urged colleagues not to grant law enforcement agencies additional powers to legitimize their actions.
Elvira Surabaldiyeva asked whether the article pointed out by Bekeshev would be excluded. The deputy minister confirmed that such a measure is indeed being considered, including the exclusion of Article 50.
