Article 104 - Preventive measures and their types

1. Preventive measures are measures applied to the accused to prevent his/her inappropriate behavior during the investigation and trial of a criminal case. 2. Types of preventive measures: 1) written undertaking not to leave; 2) transfer to the supervision of the command of a military unit; 3) transfer of a child to the supervision of parents or persons and organizations replacing them; 4) bail; 5) house arrest; 6) detention. 3. Only one preventive measure may be applied to the same person, except in cases where another crime has been committed. In the event of application of two or more types of preventive measures to the same person in different criminal cases, the most severe preventive measure shall be applied.

Article 105 - Grounds for applying preventive measures

1. If there are sufficient grounds to believe that the accused will abscond from the investigation or trial, or may threaten a witness or other participants in criminal proceedings, destroy evidence, or otherwise obstruct the objective conduct of the investigation and trial, or will continue to engage in criminal activity, and also to ensure the execution of the sentence, the investigator, prosecutor, investigating judge and court, within the limits of their authority, shall apply to this person one of the preventive measures provided for in Article 104 of this Code. 2. A preventive measure in the form of detention may be applied to a person for the purpose of ensuring his subsequent extradition for criminal prosecution or the execution of a court sentence in the manner provided for in Article 528 of this Code.

Article 6 - The principle of justice

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.

Article 7 - The principle of individualization of criminal liability and punishment

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.

Article 28 - Age of criminal responsibility

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).

Article 60 - Types of Punishment for Crime

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.

Article 62 - Restriction of freedom

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.

Article 82 - Release from punishment with the use of probation supervision

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.