In case of conviction for a severe or particularly severe crime,
the convicted person with a special or military rank may be deprived of
such rank by court decision.
Article 52. Property Seizure
(1) Property seizure consists in coercive, gratuitous attachment by
the state of the convicted person’s property that was used or planned to
be used as the crime instrument or obtained as a result of crime, except
for property subject to be returned under the procedures established by
the Kyrgyz Republic laws. If only a part of property is subject to
seizure, court shall name exactly which part it is or list objects to be
seized.
(2) Property seizure may only be imposed by court for severe or
particularly severe acquisitive crimes provided for in specific articles
of the Special Part hereof.
(3) In property seizure, the state is not responsible for debts and
liabilities of the convicted person if such occurred after measures taken
by investigating bodies or court to save the property with no consent of
such bodies.
(4) With regard to claims to be satisfied with the seized property,
the state is only responsible within the bounds of the assets, and with
regard to priority of allowance of claim, regulations established by the
Kyrgyz Republic Civil Procedural Code shall be observed.
(Version of the Kyrgyz Republic law of November 19, 2001, No. 92)
CHAPTER 10. IMPOSITION OF SENTENCE
Article 53. General Principles of Sentence Imposition
(1) Court imposes sentence within bounds set by an article of the
Special Part hereof providing for liability for the committed crime,
taking into account provisions of the General Part hereof. In imposing a
sentence, court shall take into account the nature and degree of social
danger of the crime, as well as impulse of the act, personality of the
person found guilty, nature and amount of damage caused, and
circumstances aggravating and mitigating the liability.
(2) Sentence imposed on the person that committed the crime shall
be fair, necessary and sufficient to treat such person and prevent new
crimes. Sentence in the form of imprisonment may only be imposed if its
purpose cannot be achieved by another, milder sentence provided for by
appropriate article of the Special Part hereof.
Article 54. Extenuating Circumstances
(1) Circumstances mitigating liability include:
1) giving oneself up, frank repentance, active assistance in
investigating a crime;
2) voluntary reparation of damage caused or damage recovery;
3) crime commission due to concourse of difficult domestic or other
circumstances;
4) commission of crime under threat or coercion due to material,
service or other dependence, as well as in fulfillment of an unlawful
order;