Spans in 'Kyrgyzstan - Criminal Code (ENG)' tagged with 'Recidivism of criminal offences'

'Recidivism of criminal offences' in document 'Kyrgyzstan - Criminal Code (ENG)'

Jump to:

More information about the keyword 'Recidivism of criminal offences'
More information about the document 'Kyrgyzstan - Criminal Code (ENG)'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 3. NOTION AND TYPES OF CRIME

Article 16. Recidivism

(1) Criminal recidivism is the commission of an intended offence by a person with previous conviction for previously committed intended crime.

(2) Repeated commission of a crime shall be recognized dangerous in the following
cases :

1) a person has committed an intended crime for which such person is sentenced by imprisonment –
if such person had previously been three times sentenced by imprisonment for intended crimes.

2) a person has committed a severe offence – if such person had previously been twice convicted for a severe crime.

(3) Repeated commission of a crime shall be recognized particularly dangerous in the following cases :

1) a person has committed an intended crime for which such person is sentenced by imprisonment –
if such person had previously been three or more times sentenced by imprisonment for severe crimes.

2) a person has committed a severe offence –
if such person had previously been three times convicted for a severe crime and convicted twice for particularly severe crimes.

3) a person has committed a particularly severe offence –
if such person had previously been convicted for a particularly severe crime.

(4) In recognition of repeated commission of crime, the following shall not been taken into account :

1) previous convictions for petty intended crimes ;
2) previous convictions for crimes committed by a person under 18 years old ;
3) previous convictions for crimes sentenced conditionally or for which the sentence execution was suspended if conditional conviction or execution suspension has not been cancelled and the person has not been sent to serve the sentence, as well as previous convictions recalled under procedures established by Article 76 hereof.
4) previous convictions for crimes allowing for punishments other than imprisonment.

(5) Repeated commission of crime involves a severer punishment based on and limited by this Code.

Note: Previous conviction of a person in a foreign state for an act also recognized as a crime in the Kyrgyz Republic shall be taken into account in recognition of a repeated commission of offence.