According to the authors of the initiative, organized crime poses a serious threat to the social, economic, and political stability of the country. In recent years, Kyrgyzstan has witnessed an increase in criminal activity, including corruption, drug trafficking, smuggling, and extortion, carried out by stable criminal groups.
The developers emphasize that the existing legislation does not meet modern challenges and does not provide the necessary tools for effective control and punishment for such crimes, which has prompted the need for its tightening.
In particular, it is proposed to amend Article 42 "Forms of Participation in a Crime" of the Criminal Code as follows:
- A crime is considered to have been committed by a group of individuals if two or more perpetrators participated in it without prior agreement.
- If the participants agreed in advance to commit the crime together, it is classified as a crime committed by a group with prior conspiracy.
- If the crime is committed by a stable group of individuals united to commit one or more crimes, it is classified as committed by an organized group.
- A criminal act is recognized as committed by a criminal community if it is carried out by a structured group or association of organized groups acting under a unified leadership.
- A crime committed by a transnational organized group is recognized as such if it takes place in the territory of several states and involves citizens residing in different countries.
- The crime occurred in the territory of two or more countries;
- The preparation or control of criminal activity was carried out from the territory of another state;
- The group includes individuals residing in various countries;
- The crime may have a significant impact on the rule of law in another state.
- Individuals who created an organized group or criminal community are criminally liable for all crimes if they were part of their intent.
- Other participants in the group are liable for the crimes in which they participated, regardless of their roles, if these actions correspond to the goals of creating the group.
Thus, for serious bodily harm committed as part of an organized group, imprisonment for a term of 10 to 15 years with confiscation of property will be provided. Similar measures also apply to threats of violence and kidnapping committed in the interests of organized criminal groups.
Crimes related to child trafficking, illegal migration, and robberies will also be punished more severely, including imprisonment for terms of 8 to 15 years.
In particular, for fraud related to transnational criminal groups, imprisonment for 8 to 12 years will be provided.
Additionally, Article 261 "Creation of an Organized Criminal Group or Participation in It" will be amended to propose penalties of 5 to 15 years with confiscation of property depending on the circumstances of the crime.
Article 262 "Organization of a Criminal Community" will also be revised to tighten penalties for creating and leading such organizations.
A new Article 262-3 will be introduced concerning the promotion of criminal ideology, which will be punishable by a fine or imprisonment for up to 5 years.
Furthermore, the presidential administration proposes not to establish a statute of limitations for Articles 222, 252, 261, 262, and 262-1.
