(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.

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