(4) Aggravating circumstances provided for by an article of the
Special Part hereof as an offence attribute shall not be taken into
account anew in sentence imposition.
(Version of the Kyrgyz Republic Law of August 9, 2003, No. 193)
Article 56. Imposition of a Sentence Milder than that Provided for by Law
(1) Court, based on exceptional circumstances significantly
reducing the degree of social danger of the committed act, and taking
into account the accused person’s personality, recognizing it necessary
to impose a sentence milder than that mildest provided for such crime by
law or impose another sentence, may admit such commutation stating its
motive. In this case, the term and amount of the sentence shall not be
less than the lowest limit provided for such type of sentence by part 2
of Article 43, part 2 of Article 44, part 1 of Article 45, part 1 of
Article 46, Article 47, part 2 of Article 48, part 2 of Article 49, and
Articles 80 and 81 hereof.
(2) Based on the above grounds, court may not impose additional
sentence which is obligatory according to an article of the Special Part
hereof providing for liability for the committed crime.
(3) Both separate extenuating circumstances and a body of such
circumstances may be recognized exceptional.
(Version of the Kyrgyz Republic Law of March 12, 2002, No. 36)
Article 57. Imposition of Sentence for a Criminal Attempt and for a Crime
Committed in Complicity
(1) In imposing a sentence for preparation for crime and for a
criminal attempt, court shall take into account the nature and degree of
social danger of actions committed by the guilty person, as well as the
completeness of the criminal intent and reasons why the crime was not
finished.
(2) In imposing a sentence on crime participants, court shall take
into account the nature and degree of participation of each of them in
commission of the crime. Aggravating and extenuating circumstances
related to a single participant shall only be considered by court in
imposing a sentence on such participant.
Article 58. Imposition of Sentence for Recidivism
(1) In imposing a sentence for recidivism, dangerous recidivism and
special dangerous recidivism, court shall consider number, nature,
severity and consequences of crimes committed, as well as circumstances
due to which correctional effect of the previous sentence was
insufficient, and severity and consequences of newly committed crimes.
(2) In sentencing recidivism, the sentence shall at least be a half
of maximum punishment provided for recidivism, two thirds of that for
dangerous recidivism, and three fourth of that for special dangerous
recidivism.
(3) Should there be exceptional circumstances provided for in
Article 56 hereof, sentence for recidivism, dangerous recidivism or
special dangerous recidivism shall be imposed with no consideration of
limits provided for by part 2 of this Article.