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
Article 154 - Rape

1. Rape, i.e. sexual intercourse with the use of violence that is not dangerous to life and health, or the threat of its use against the victim or other persons, as well as taking advantage of the helpless state of the victim, -
shall be punishable by imprisonment for a term of five to eight years.
2. The same act:
1) committed by a group of persons;
2) committed by a group of persons by prior conspiracy;
3) combined with the threat of violence dangerous to life or health;
4) committed with particular cruelty towards the victim or her relatives, - shall be punishable by imprisonment for a term of eight to eleven years.
3. Acts provided for in parts 1 or 2 of this article:
1) resulting in pregnancy;
2) committed against a child aged fourteen to eighteen years;
3) committed by an organized group;
4) committed as part of a criminal community;
5) causing serious harm through negligence, -
shall be punished by imprisonment for a term of fifteen years or by life imprisonment.
4. The acts provided for in parts 1, 2 or 3 of this article, committed against a child under the age of fourteen, - shall be punished by imprisonment for a term of fifteen years or by life imprisonment.

Article 165 - Kidnapping of a person

1. Kidnapping of a person against his will, accompanied by removal from his place of permanent or temporary residence with subsequent detention in a place other than his place of residence, in the absence of elements of a crime provided for in Article 257 of this Code, committed by means of seizure, deception or with the use of violence that is not dangerous to life and health, or the threat of using such violence, -
shall be punishable by imprisonment for a term of five to seven years.
2. The same act committed:
1) against two or more persons;
2) against a child;
3) against a pregnant woman;
4) for the purpose of removing organs or tissue from a person for transplantation;
5) for the purpose of removing organs or tissue from a deceased person for transplantation;
6) for the purpose of receiving ransom or other personal interest;
7) by a group of persons;
8) by a group of persons by prior conspiracy;
9) with causing serious harm through negligence, -
shall be punishable by imprisonment for a term of seven to ten years with or without confiscation of property.
3. The acts provided for in Part 1 or paragraphs 1–5 of Part 2 of this Article, if the perpetrator voluntarily released the kidnapped person, -
shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1,000 calculation indices.
4. The acts provided for in Part 1 of this Article, committed:
1) against a child under the age of fourteen;
2) with the use of one’s official position;
3) with the use of weapons or objects used as weapons;
4) with the infliction of especially serious harm;
5) by an organized group;
6) as part of a criminal community, -
shall be punished by imprisonment for a term of ten to twelve years with confiscation of property.

Article 166 - Human trafficking

1. Human trafficking, i.e. their recruitment, transportation, harboring, acceptance or transfer, carried out with or without their consent, by threat, use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, -
shall be punishable by imprisonment for a term of three to six years with or without confiscation of property.
2. The same act committed:
1) against two or more persons;
2) by a group of persons;
3) by a group of persons by prior conspiracy;
4) by a person using his official position;
5) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad;
6) against a person who is financially or otherwise dependent on the perpetrator, -
shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property.
3. The same act committed:
1) against a pregnant woman;
2) with the purpose of removing organs or tissues from a person or a deceased person for transplantation;
3) with the infliction of serious harm through negligence;
4) by an organized group;
5) as part of a criminal community, -
shall be punishable by imprisonment for a term of eight to eleven years with confiscation of property.
4. Recruitment, transportation, concealment, acceptance or transfer of a child, carried out with or without consent, without the use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, -
shall be punishable by imprisonment for a term of up to five years.
Note. Recruitment means the activity of individuals or legal entities to search for, select, accept and hire people for material compensation to perform any work or provide services in the interests of the employer or other persons.
Exploitation means forcing persons into prostitution or other forms of sexual exploitation, forced labor or services, slavery, participation in armed conflicts, including through the use of debt obligations, material or other dependence, as well as their servitude.
A person who has become a victim of human trafficking is exempt from criminal liability for committing acts that are a minor crime or a less serious crime, if such an act was committed by the victim as a result of his or her involvement in the process of human trafficking.

Article 167 - Child trafficking

1. Trafficking in a child with or without the purpose of obtaining a benefit, -
shall be punishable by imprisonment for a term of five to eight years.
2. The same act committed:
1) against two or more persons;
2) by a group of persons;
3) by a group of persons by prior conspiracy;
4) by a person using his official position;
5) with causing significant harm through negligence;
6) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad, -
shall be punishable by imprisonment for a term of eight to eleven years.
3. The same act committed:
1) against a child under the age of fourteen;
2) for the purpose of removing organs or tissues from a person for transplantation;
3) with causing serious or especially serious harm through negligence;
4) by an organized group;
5) as part of a criminal community, -
shall be punished by imprisonment for a term of eleven to fifteen years with confiscation of property. Article 170. Forced use of labor (slave labor)
1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), -
shall be punishable by imprisonment for a term of three to six years.
2. The same act committed:
1) against two or more persons;
2) against a child aged fourteen to eighteen years;
3) with the seizure, concealment or destruction of documents certifying the identity of the victim;
4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence;
5) using official position, -
shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property.
3. Acts provided for in parts 1 or 2 of this article:
1) committed against a child under the age of fourteen;
2) causing serious or especially serious harm through negligence;
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 with confiscation of property.

Article 168 - Organization of illegal migration, illegal import (export) of migrants

1. Organization of illegal migration, illegal import, export of migrants, foreign citizens and stateless persons or provision of transport vehicles or forged documents, residential or other premises, as well as provision of other services to citizens for illegal entry, exit, movement through the territory of the Kyrgyz Republic, transit through the territory of the Kyrgyz Republic with or without the purpose of obtaining a benefit, -
shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same act committed:
1) against a child;
2) by a group of persons;
3) by a group of persons by prior conspiracy;
4) by a person using his official position;
5) against a person who is materially or otherwise dependent on the perpetrator;
6) with the infliction of serious or especially serious harm through negligence;
7) by an organized group;
8) as part of a criminal community, -
shall be punishable by imprisonment for a term of five to eight years with confiscation of property.
Note. Illegal import (export) of migrants means the activity of individuals or legal entities to ensure the illegal entry, exit, movement of a person, where this person does not have the status of a citizen or the right to permanent residence or these rights were obtained by providing false information to government agencies for the purpose of directly or indirectly obtaining financial or other material benefits.

Article 169 - Illegal Deprivation of Liberty

1. Restriction of a person’s freedom of movement with his/her forcible detention in the absence of elements of an official crime, -
shall be punishable by imprisonment for up to two years.
2. The same act, if committed:
1) against two or more persons;
2) against a child aged fourteen to eighteen years;
3) against a pregnant woman;
4) with the use of violence dangerous to life and health;
5) with the use of weapons or other objects used as weapons;
6) by a group of persons;
7) by a group of persons by prior conspiracy, -
shall be punishable by imprisonment for two to five years.
3. Acts provided for in parts 1 and 2 of this article:
1) committed against a child under the age of fourteen years;
2) committed by an organized group;
3) committed as part of a criminal community;
4) resulting through negligence in particularly grave harm, -
shall be punishable by imprisonment for a term of five to ten years with confiscation of property.
4. The acts provided for in parts 1 or 2 of this article, if the perpetrator released the victim voluntarily, within 72 hours, -
shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1000 calculation indices.

Article 170 - Forced use of labor (slave labor)

1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), -
shall be punishable by imprisonment for a term of three to six years.
2. The same act committed:
1) against two or more persons;
2) against a child aged fourteen to eighteen years;
3) with the seizure, concealment or destruction of documents certifying the identity of the victim;
4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence;
5) using official position, -
shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property.
3. Acts provided for in parts 1 or 2 of this article:
1) committed against a child under the age of fourteen;
2) causing serious or especially serious harm through negligence;
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 with confiscation of property.

Article 177 - Domestic Violence

Any intentional actions of one family member/equivalent person against another family member/equivalent person, causing physical or mental suffering, or harming physical or mental development, resulting in less serious harm to health, -
shall be punishable by community service from forty to one hundred hours or imprisonment for a term of two to five years.
Note: A person who has committed a crime must undergo a correctional program to change violent behavior in accordance with Article 71-1 of this Code.

Article 330 - Incitement to racial, ethnic, national, religious or interregional hatred (discord)

1. Actions aimed at inciting racial, ethnic, national, religious or interregional hatred (discord), humiliation of national dignity, as well as propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, national or racial affiliation, committed publicly or using the media, as well as via the Internet, -
shall be punishable by a fine of 1,000 to 2,000 calculation indices or imprisonment for up to five years.
2. The same acts committed:
1) with the use of violence that is not dangerous to life and health, or the threat of its use;
2) using one's official position;
3) by a group of persons;
4) by a group of persons by prior agreement;
5) by an organized group;
6) as part of a criminal community, - shall be punishable by imprisonment for a term of five to seven years.

Article 331 - Creation and financing of an extremist organization

1. Creation, leadership of an extremist organization whose activities are associated with the incitement of national, ethnic, racial, religious or interregional hostility (dissension), humiliation of national dignity, propaganda of the exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, national or racial affiliation, place of residence, -
shall be punishable by imprisonment for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to two years.