During the discussion, Talant Mamytov pointed out that in Soviet times, there was a practice of applying recidivism. He asked how the size of the punishment for recidivists would be determined.
Mamytov clarified: "How is the punishment determined? For example, if the punishment for a crime is five years, then for recidivism, the term may be 7.5 years. How will the measure of punishment be calculated for dangerous and particularly dangerous recidivism?"
In response, Erkebek Ashirkhodzhaev stated that the principles for determining the severity of punishment are outlined in the draft law. In particular, the number, nature, severity, and consequences of the crimes, as well as the circumstances under which previous measures were insufficient, are taken into account. The punishment for recidivism will be no less than half of the maximum term, for dangerous recidivism — no less than two-thirds, and for particularly dangerous recidivism — no less than three-quarters of the maximum term for the given crime.
"For example, if the punishment for a crime is 10 years of imprisonment, then in the case of recidivism, a person must serve at least 5 years, and in the case of particularly dangerous recidivism — at least 7 years and 6 months," explained the Deputy Head of the Ministry of Internal Affairs.
It is important to note that according to the draft law, probation and amnesty for recidivists are abolished. Mamytov reminded that previously, recidivists were held under special conditions and inquired whether the staff of the penal system were prepared for this.
Deputy Chairman of the State Penal Enforcement Service, Nurlan Sarchayev, confirmed that the relevant norms already exist in the legislation.
"We have special sections for holding recidivists. All necessary conditions have been created, and they will be in separate cells," he added.
Mamytov also raised the question of the necessity of changing the legislation.
"Do the existing codes not allow for effective crime fighting, or are the punishment measures too lenient? Why was the concept of recidivism returned?" the deputy clarified.
According to Ashirkhodzhaev, tightening punishments is necessary as a preventive measure against offenses.
"If a person has already served a punishment and commits a crime again, it means they have not reformed. This draft law is aimed at those who make crime their habitual activity. If someone has served three years and commits a crime again, the punishment should be stricter — 5 years. There have been cases where those convicted of murder served 10-12 years and then committed murders again. I believe such people need to be isolated from society," concluded the Deputy Head of the Ministry of Internal Affairs.
