Prosecutor General's Office: The Interior Ministry's Bill on Recidivism Contradicts the Constitution
Deputy Minister of Internal Affairs Erkebek Ashirkhodzhaev emphasized that under the new rules, recidivism for crimes will be punished more strictly. He noted that despite an overall decrease in the crime rate in Kyrgyzstan, some individuals continue to commit the same offenses repeatedly.
“If someone has stolen ten times, they will only pay a fine ten times and that’s it. Therefore, they are not afraid to continue their criminal activities. If we reinstate the concept of ‘recidivism,’ the punishment will be more serious, and such individuals will have a fear of committing crimes,” added the deputy minister.
The draft law also specifies the criteria by which recidivism can be recognized as dangerous (three or more convictions) and particularly dangerous (more than three convictions).
At the same time, the following will not be taken into account:
- convictions for minor intentional crimes;
- crimes committed by minors;
- cases where probation was applied;
- convictions for which punishments not related to imprisonment were imposed.
Umutkan Konkubaeva reminded that the concept of "recidivism" was excluded from the legislation of Kyrgyzstan because punishments for minor thefts could be excessively harsh if someone already had a conviction.
“A reasonable question arose: why can one receive five years for stealing a chicken, but only a fine for corruption? The institution of recidivism implies stricter liability for each subsequent crime, even if there has been a reconciliation with the victim. It may be worth reconsidering the terms of punishment for recidivism, but keeping the concept itself,” she noted.
Additionally, she emphasized that some provisions of the draft law violate the fundamental principles of the Constitution, particularly that a person should not be punished twice for the same offense.
The norm was also discussed, according to which for particularly dangerous recidivists, one day in a pre-trial detention center does not equal two, as is provided for other detainees. This, in her opinion, also contradicts the Constitution.
The deputy minister disagreed with Konkubaeva's opinion, asserting that the proposed changes do not violate the Constitution.
“In the case of recidivism, a person is not held accountable for previous crimes; they receive a stricter punishment for a new crime,” he explained.
As a result of the discussion, the committee members approved the draft law in the first reading.
It should be noted that in September of last year, deputies of the VII convocation had already considered this draft law. After its discussion at the public level, some politicians and lawyers expressed criticism of the Ministry of Internal Affairs' initiative.
Related materials:
