As reported by the committee chairman Bolotbek Borbiev, the aim of the bill is to strengthen measures to combat organized crime and its ultimate elimination. In particular, it is proposed to introduce the concept of recidivism and to address issues of property confiscation.
It should be noted that since January 1, 2019, the concept of recidivism for crimes was abolished in the new version of the Criminal Code.
“The removal of the recidivism institution did not yield the expected results. It weakened the responsibility for participants in organized criminal groups, many of whom have repeat convictions, which contributed to their strengthening and expansion of influence. Currently, recidivists can use probation and parole, which creates unequal conditions with those who are being held accountable for the first time,” the justification for the bill states.
According to the new version, recidivism will be considered crimes committed by a person previously convicted of a deliberate crime.
The bill includes a number of measures to combat recidivism:
- Stricter penalties for crimes committed during recidivism: minimum penalties will be half, two-thirds, and three-quarters of the maximum penalty for recidivism, dangerous recidivism, and especially dangerous recidivism, respectively.
- Prohibition of exemption from criminal liability with the victim's consent for crimes committed during dangerous and especially dangerous recidivism as part of an organized group.
- Recognition of recidivism as an aggravating circumstance.
- Exclusion of probation supervision for those convicted of crimes committed during dangerous or especially dangerous recidivism.
- Cancellation of parole for recidivists.
- Introduction of additional qualifying features for crimes related to organized crime, such as murder, robbery, rape, and others, during dangerous or especially dangerous recidivism, which will be classified as a more serious crime.
It is also proposed to introduce property confiscation as an additional punishment for a number of crimes, such as raiding and tax evasion, with the aim of increasing citizens' responsibility for actions classified as crimes.
Deputy Minister of Internal Affairs Erkebek Ashirkhodzhaev noted that some provisions were excluded from the bill:
- an addition to Article 18 of the Criminal Code regarding the insignificance of actions;
- an addition to Article 50 of the Criminal Code regarding harm caused during lawful execution of the law.
The photo on the main page is illustrative.
