The draft law focuses on increasing the effectiveness of the fight against organized crime and ensuring public safety.
Currently, a draft law has been initiated in Kyrgyzstan concerning amendments to several codes — the Criminal Code, the Criminal Procedure Code, and the Penal Enforcement Code. The main objective of the document is to reintroduce the concept of recidivism into legislation and to tighten the measures of responsibility for individuals committing crimes repeatedly.
The authors of the draft law emphasize that after the abolition of the definition of recidivism in 2019, the crime situation worsened: many offenders began to commit crimes repeatedly, receiving the same punishments as newcomers in the criminal sphere.
Justification for the Reintroduction of the Concept of Recidivism
Previously, if a person had already served a sentence for a deliberate crime and violated the law again, this was considered an aggravating circumstance. However, after the abolition of recidivism, criminals began to receive significantly more benefits — they were given the opportunity for probation, early conditional release, and sometimes were assigned less severe punishments.
According to information from law enforcement agencies, almost 90% of convicts in strict regime colonies are recidivists, often committing the same crimes repeatedly, frequently as part of organized groups. At the same time, systematic accounting of such individuals and preventive measures are virtually absent.
Proposals of the New Draft Law
The draft law proposes to reconsider the situation when a person commits a deliberate crime after serving a sentence for a similar act as recidivism.
For such situations, stricter measures are proposed:
- The punishment for a repeated crime cannot be less than half of the maximum term;
- For dangerous recidivism — no less than two-thirds;
- For particularly dangerous — no less than three-quarters of the maximum punishment;
- Recidivism will be recognized as an aggravating circumstance.
Additionally, for dangerous and particularly dangerous recidivists, the possibility of applying probation, early conditional release, and reconciliation with the victim will be abolished.
Strengthening Responsibility for Group Crimes
The draft law also strengthens responsibility for serious crimes committed by organized groups, such as murders, robberies, thefts, extortions, rapes, and kidnappings. If such crimes are committed considering dangerous or particularly dangerous recidivism, they will be classified as more serious with increased punishment.
Confiscation of Property as an Additional Measure of Impact
It is also proposed to introduce confiscation of property in a number of serious crimes, including raiding, tax evasion, and customs duties in large amounts, as well as extremism and calls for violent seizure of power. The authors believe that this will help deprive criminals of financial benefits.
Protection of Citizens' and State Rights
The project clarifies that actions aimed at protecting sovereignty, constitutional order, and public safety, as well as citizens' rights, will not be considered crimes if they are carried out within the framework of the law. This is necessary to protect officials acting in the interests of the state and society.
The Main Goal — Ensuring Security and Prevention
The initiators of the draft law emphasize that it is aimed not only at tightening punishments but also at protecting society from organized crime, as well as reducing the influence of criminal ideology, especially among youth. It is also important to develop rehabilitation and social adaptation programs to prevent individuals from returning to criminal activities after release.
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