Last Change:
06/12/2025
The Criminal Code of the Kyrgyz Republic
Original names of the law: Кыргыз Республикасынын Кылмыш-жаза кодекси 2021-жылдын 28-октябры №127
Year: 2021
Type: Domestic law
Rights Category: Asylum, Freedom of movement, Liberty & security of person
Description
The Criminal Code of the Kyrgyz Republic is the legal act establishing criminal liability within the state. Rooted in the Kyrgyz Republic's Constitution and international law, it aims to safeguard individual rights, property, public order, the environment, and the constitutional system from criminal acts, while also ensuring peace, crime prevention, and the restoration of justice. The Code defines criminal offenses, principles of liability, and the types of punishments and measures applicable to offenders.
Selected provisions
1. Punishment and other measures of criminal-legal influence applied to a person who has committed an act provided for by this Code must correspond to the gravity of the crime, as well as the circumstances of its commission.
2. No one may be repeatedly brought to criminal liability for the same crime.
When deciding on criminal liability and sentencing, the court must take into account the nature and severity of the crime committed, the motives and goals of the act, the identity of the perpetrator, the extent of the damage caused, the circumstances that mitigate or aggravate the punishment, the opinion of the victim, and justify the chosen punishment in the sentence.
1. A person who has reached the age of sixteen before committing a crime is subject to criminal liability.
2. A child who has reached the age of fourteen before the commission of a crime shall be subject to criminal liability in accordance with this Code for murder (Article 122), causing serious bodily harm (Article 130), causing less serious bodily harm (Article 131), rape (Article 154), violent acts of a sexual nature (Article 155), kidnapping (Article 165), human trafficking (Article 166), theft (Article 205), cattle rustling (Parts 2, 3 and 4 of Article 2051), robbery (Article 206), armed robbery (Article 207), extortion (Article 208), hijacking a motor vehicle (Article 211), destruction of or damage to someone else's property (Parts 2, 3 of Article 216), an act of terrorism (Parts 2 and 3 of Article 252), and hostage-taking (Article 257), theft or extortion of firearms (Article 271), hooliganism (Part 2 of Article 280), illegal production of narcotic drugs, psychotropic substances and their analogues for the purpose of sale (Article 282), theft or extortion of narcotic drugs or psychotropic substances (Article 286), rendering transport vehicles or communication routes unusable (Article 314).
1. The following types of primary punishments may be applied by the court to persons found guilty of committing a crime, with their gradation from less severe to more severe:
1) not related to isolation from society:
a) community service;
b) restriction of freedom;
c) deprivation of the right to hold certain positions or engage in certain activities;
d) correctional labor;
d) a fine.
In this case, the severity of correctional labor and a fine is determined by their specific amount;
2) related to isolation from society:
a) detention in a disciplinary military unit;
b) imprisonment for a certain period;
c) life imprisonment.
2. The court may apply the following additional types of punishment:
1) in the case of committing a crime using official position or opportunities provided by official position - deprivation of a special, military, honorary title, diplomatic rank or class rank;
2) in the case of committing a serious or especially serious crime - deprivation of state awards.
A person is also deprived by the court of a special, military, honorary title, diplomatic rank, class rank, state award, if the relevant title, rank or award was awarded as a result of official forgery or another crime;
3) confiscation of property;
4) expulsion.
Deprivation of the right to hold certain positions or engage in certain activities may be applied as not only the main types of punishment, but also additional types of punishment.
1. Restriction of liberty consists of the court imposing on a person found guilty of committing a minor or less serious crime certain obligations restricting his liberty for a period of six months to three years and served at his place of residence without isolation from society under the supervision of a probation authority.
2. The following obligations are imposed on persons sentenced to restriction of liberty by the court:
1) to appear at the probation authorities at the place of residence within ten days from the moment the court sentence comes into legal force;
2) to appear twice a month at the probation authorities for registration and participation in preventive talks;
3) not to leave the country;
4) to notify the probation authorities of the place of residence, work and study, as well as of their change;
5) to obtain permission from the probation authorities for a short-term departure from the place of residence;
6) not to use psychoactive substances;
7) participate in resocialization programs appointed by the probation authorities.
3. When imposing a sentence in the form of restriction of liberty, the court has the right to impose one or more of the following obligations on the person:
1) not to visit certain places;
2) to refrain from certain types of actions or activities;
3) to be at the place of residence at the time of day determined by the court;
4) to start work or study by the time set by the court;
5) to compensate for the damage caused to the victim within the time period determined by the court;
6) to have no contact with certain persons;
7) to undergo a course of treatment for alcohol, drug, psychotropic, toxic addiction or for an illness that poses a danger to the health of other persons, to which they have previously given consent;
8) at the request of the probation authority, to notify it of the fulfillment of the duties imposed by the court.
1. When sentencing a sentence of imprisonment for a less serious and/or serious crime, the court, taking into account the personality of the offender, his consent to the application of probation supervision, as well as other circumstances of the case, comes to the conclusion about the possibility of the convicted person’s rehabilitation without serving the sentence, may decide to release him from serving the sentence with the application of probation supervision (probation), which is a compulsory incentive measure of criminal-legal influence.
2. Probation supervision shall not be applied to persons:
1) convicted of especially serious crimes;
2) convicted of corruption and other crimes against the interests of the state and municipal service;
3) convicted of crimes against public safety;
4) convicted of crimes against the foundations of the constitutional order and state security;
5) convicted of a crime committed as part of an organized group or criminal community;
6) convicted of a crime against sexual inviolability and sexual freedom.
The said restriction does not apply to children who have committed a crime against the sexual inviolability of children aged fourteen to eighteen years;
7) convicted of crimes provided for in Articles 137, 157, 158, 166, 167, 168, 172, 173 of this Code;
8) those who do not have a permanent place of residence, as well as foreign citizens and stateless persons temporarily residing in the Kyrgyz Republic.
3. When appointing probation supervision, the court may take into account the opinion of the victim.
4. Probation supervision is established for a period of one to three years for the commission of a less serious crime, for a serious crime - from three to five years. The calculation of the probation supervision period begins on the day the convicted person appears before the probation authority. When the court announces the sentence, the court is obliged to explain the probation obligations to the convicted person in writing.
5. When probation supervision is established, additional punishments provided for in Part 2 of Article 60 of this Code may be imposed.
6. The establishment of probation supervision does not exempt the convicted person from the imposition of an additional punishment provided for by this Code.
1. Causing serious harm to health in the form of physical injury that is life-threatening at the time of infliction; or causing harm to health that results in the loss of sight, speech, hearing, or any organ, or the loss of an organ's functions, mental illness, or other health disorder associated with a permanent loss of working capacity of at least one third, or with a knowingly complete loss of professional working capacity, or permanent disfigurement of the face, -
shall be punishable by imprisonment for a term of five to seven years.
2. The same act committed:
1) against a family member or a person equivalent thereto;
2) against two or more persons;
3) against a pregnant woman;
4) against a helpless person or a child;
5) against a person or his relatives in connection with the performance of official, professional activities or the fulfillment of public duty by this person;
6) on the basis of racial, ethnic, national, religious and interregional hostility (discord);
7) with kidnapping of a person or hostage-taking;
8) with robbery or extortion;
9) with rape or violent satisfaction of sexual passion in other forms;
10) with particular cruelty;
11) with the purpose of concealing another crime or facilitating its commission;
12) for hooligan motives;
13) for mercenary motives or for hire;
14) with the purpose of obtaining an organ or tissue of the victim;
15) by a group of persons;
16) by a group of persons by prior conspiracy, -
shall be punishable by imprisonment for a term of six to eight years.
3. Acts provided for in parts 1 and 2 of this article:
1) against children with disabilities or causing through negligence the death of a person, including as a result of suicide, or the death of two or more persons (especially grave harm);
2) committed with a combination of two or more aggravating circumstances provided for in part 2 of this article;
3) committed by an organized group;
4) committed as part of a criminal community, -
shall be punishable by imprisonment for a term of eight to twelve years.
1. Causing physical or mental suffering to a person for the purpose of obtaining information or a confession from him or another person; punishing him for an act he or another person has committed or is suspected of committing; as well as intimidating or coercing him or another person to commit certain acts, or for reasons based on discrimination of any nature, committed by an official or at his instigation, with his knowledge or tacit consent, -
shall be punishable by deprivation of liberty for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same act committed:
1) against a pregnant woman or a child;
2) against a disabled person or another person in a helpless state;
3) by a group of persons;
4) by a group of persons by prior conspiracy;
5) with particular cruelty, -
shall be punished by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. The same act, which resulted in causing serious harm to health or, through negligence, the death of the victim, -
shall be punished by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
1. Causing physical or mental suffering by beating two or more times or by other violent actions, if this did not entail the consequences provided for in Articles 130 and 131 of this Code, -
shall be punishable by correctional labor for a term of one to three years or a fine of 500 to 1,000 calculated indicators, or imprisonment for a term of up to three years.
2. The same act committed:
1) against a woman who is pregnant;
2) against a child or a person in a helpless state or in material or other dependence on the perpetrator, as well as a person kidnapped or taken hostage;
3) by a group of persons;
4) by a group of persons by prior conspiracy, -
shall be punishable by a fine of 1,000 to 2,000 calculated indicators or imprisonment for three to five years.
3. The same act committed:
1) against two or more persons;
2) by hire;
3) on the basis of social, national, racial, religious hatred or enmity;
4) by an organized group;
5) as part of a criminal community, -
shall be punishable by imprisonment for a term of five to eight years with or without confiscation of property.
1. Threat of using violence dangerous to life and health, if there are sufficient grounds to fear that this threat will be carried out, -
shall be punishable by community service from forty to one hundred hours or correctional labor for a term of two months to one year, or a fine of 200 to 500 calculation indices.
2. The same act committed:
1) against a person or his relatives in connection with the performance by this person of official, professional activities or the fulfillment of public duty;
2) by an organized group;
3) as part of a criminal community, -
shall be punishable by correctional labor for a term of one to three years or a fine of 500 to 1000 calculation indices, or imprisonment for a term of up to five years.