The bill aims to strengthen measures against organized crime and protect society
A draft law has been presented in Kyrgyzstan, proposing changes to several codes: the Criminal, Criminal Procedure, and Criminal Enforcement Codes. The main goal of this document is to reinstate the concept of recidivism in the legal system and increase accountability measures for individuals committing crimes repeatedly.
The authors of the initiative emphasize that the abolition of recidivism in 2019 negatively affected the crime situation: many offenders began to commit crimes repeatedly, receiving identical punishments to those who violated the law for the first time.
Reasons for reinstating the concept of recidivism
Previously, if a person who had already served a sentence for a deliberate crime violated the law again, it was considered an aggravating circumstance. However, after the abolition of recidivism, such criminals began to receive more benefits — they were allowed probation and early conditional release, as well as being subjected to milder punishments.
According to law enforcement data, about 90% of convicts in strict regime colonies are recidivists who often repeat the same crimes, acting in groups. At the same time, systematic accounting of these individuals and preventive measures are practically not conducted.
Proposals of the new draft law
The document proposes to reclassify as recidivism cases where a crime is committed after serving a sentence for a similar act.
In such situations, stricter punishments are provided:
- for a repeat crime, the sentence cannot be less than half of the maximum;
- for dangerous recidivism — at least two-thirds;
- for particularly dangerous — at least three-quarters of the maximum sentence;
- recidivism will be officially recognized as an aggravating circumstance.
Moreover, individuals who commit dangerous and particularly dangerous crimes will not be granted probation, early conditional release, or the opportunity for reconciliation with the victim.
Tightening punishments for group crimes
The draft law increases responsibility for serious crimes often committed by organized groups, such as murders, robberies, thefts, extortion, rapes, and kidnappings. If these crimes are committed during dangerous or particularly dangerous recidivism, they will be classified as more serious, resulting in stricter punishments.
Confiscation of property as an additional tool
Additionally, the document proposes to implement property confiscation for a number of serious crimes, such as raiding, large-scale tax evasion and customs duties, as well as extremism and calls for violent seizure of power. According to the authors, this should eliminate financial gain from crimes.
Protection of the state and citizens' rights
The draft law clarifies that actions aimed at protecting sovereignty, constitutional order, public safety, and citizens' rights will not be considered crimes if carried out within the law. This is necessary to protect officials acting in the interests of the state and society.
The main goal — safety and prevention
The initiators of the law emphasize that it is not only aimed at tightening punishments but also at ensuring the safety of 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 individuals do not return to criminal activity after release.
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