According to him, the concept of recidivism was abolished in 2019 with the new edition of the Criminal Code; however, this decision did not justify itself and did not yield the expected results. In the current situation, recidivists can count on probation and parole, which places them on the same level as those committing crimes for the first time.
Ashirkhodzhaev noted that the new draft law introduces a number of measures to increase accountability for recidivism:
- The responsibility for crimes committed in recidivism is tightened. The punishment cannot be less than half, and for dangerous recidivism — no less than two-thirds, and for particularly dangerous recidivism — no less than three-quarters of the maximum sentence.
- No exemption from criminal liability is provided if the crime was committed as part of an organized group during dangerous or particularly dangerous recidivism.
- Recidivism is considered an aggravating circumstance.
- Probation supervision does not apply to recidivists convicted of dangerous crimes.
- Parole does not apply to those convicted of recidivism.
- For a number of crimes related to organized crime, an additional qualifying feature is introduced if they are committed during dangerous or particularly dangerous recidivism, which implies stricter measures of accountability.
Bekeshev inquired about what provision is being introduced in Article 18 of the Criminal Code.Ashirkhodzhaev quoted: "An action or inaction that formally falls under the signs of an act provided for by this Code but does not pose a public danger due to its insignificance, as well as actions committed for the purpose of protecting sovereignty, national and information security, is not considered a crime."
“Do you really think this is correct?” Bekeshev clarified.
The Deputy Minister replied that this is precisely why this provision is being introduced.Bekeshev urged his colleagues to reject this "anti-people" draft law. He emphasized that if one carefully studies the amendments, it can be seen that the Criminal Code is placed above the Constitution, and officials will be able to justify crimes under the pretext of ensuring security.
He stated: "We are providing immunity for crimes! How could the committee let such a draft law pass?! The Constitution is more important than codes!" Bekeshev also noted that actions for security purposes should not be considered a crime, emphasizing that this applies to all citizens.
Nevertheless, the Deputy Minister assured that the project complies with the Constitution, as the composition of a crime is defined precisely by the Criminal Code.
Deputy Chairman of the Committee on Judicial and Legal Issues Suyunbek Omurzakov added that the committee's decision indicates the need to exclude paragraph 2 of Article 18 from the draft law.
Bekeshev emphasized that he pointed out only one of the provisions, adding that the project includes other provisions related to taxation that could negatively impact business. "Law enforcement agencies should not be allowed to legalize their crimes," he concluded.
Elvira Surabaldiyeva also asked whether the article mentioned by Bekeshev would be excluded. Ashirkhodzhaev confirmed that this would indeed be done, and that the exclusion of Article 50 is also being considered.
