Discussing the draft law "On Amendments to Certain Legislative Acts Regarding Road Safety," she noted that this initiative contradicts the principles of criminal law.
“Increasing the punishment under Article 312 is inappropriate, as this crime falls into the category of negligent acts, where the maximum prison term is 10 years,” added Umutkan Konkubaeva.
According to Article 312 of the Criminal Code of the Kyrgyz Republic, penalties for violating traffic rules and operating vehicles depend on the severity of the consequences:
For minor harm to health — a fine of 20,000 to 50,000 soms with a possible suspension of rights for up to two years.
For serious harm — a fine of 100,000 to 200,000 soms or up to five years of imprisonment, as well as a suspension of rights for up to two years.
For particularly serious harm — imprisonment for five to eight years and a ban on certain positions for up to three years.
In the case of causing particularly serious harm while driving under the influence — imprisonment for eight to ten years.
The Ministry of Internal Affairs proposes to introduce new provisions to this article, which implies the introduction of penalties for traffic accidents that caused less serious and serious harm if they were committed under the influence of alcohol: from five to seven years of imprisonment and a suspension of rights to operate vehicles for the same period.
If a traffic accident occurred with a sober driver but resulted in death, it is proposed to establish a punishment of five to eight years, with a suspension of rights to operate for two to five years. Moreover, if two or more people died, the term may increase to eight to ten years with similar restrictions.
In cases where fatal accidents occurred due to the fault of drunk drivers, the Ministry of Internal Affairs proposes to punish such drivers with a term of 10 to 12 years, with a suspension of rights to operate vehicles for the same period.
Deputy Minister of Internal Affairs Oktobyr Urmambetov, responding to Umutkan Konkubaeva's criticism, emphasized that drunk driving should not be regarded as negligence, and the need to tighten penalties for such acts is evident.
