It is worth noting that the concept of recidivism and the increased responsibility for it were abolished in 2019 with the new edition of the Criminal Code.
According to Borbieyev, "the abolition of the recidivism institution did not bring the expected results. The lack of strict measures for members of organized groups, who are usually previously convicted, contributed to their strengthening and expansion of influence. Currently, recidivists can expect probation and parole, which is not in line with justice."
In the draft law, recidivism is recognized as the commission of a deliberate crime by a person who has already been convicted for a similar act.
The draft law includes a number of strict measures:
- Increased punishment for recidivism: the minimum punishment should not be less than half, for dangerous recidivism – not less than two-thirds, and for particularly dangerous – three-quarters of the maximum punishment for the crime.
- Exemption from criminal liability is not allowed when reaching an agreement with the victim in cases of dangerous and particularly dangerous recidivism.
- Recidivism will be considered an aggravating circumstance.
- Individuals convicted of crimes with dangerous or particularly dangerous recidivism will not be able to be under probation supervision.
- Parole will not be applied to recidivists.
- For many crimes related to organized crime, a qualifying feature will be added if they are committed with dangerous or particularly dangerous recidivism, which will lead to stricter liability.
It is also proposed to introduce property confiscation as an additional type of punishment for certain crimes, such as raiding, tax evasion, and calls for violent seizure of power, in order to increase responsibility for such actions.
Deputy Minister of Internal Affairs Erkebek Ashirkhodzhaev reported that the following were excluded from the draft law:
- amendments stating that actions that do not pose a public danger are not considered crimes;
- amendments allowing harm caused while performing official duties to not be considered a crime if done in the interests of the state.
The photo on the main page is illustrative.
