(7) Grant of parole shall not be applied:
1) in case of special dangerous recidivism;
2) if death penalty is substituted by imprisonment as a clemency.
Article 70. Substitution of Remanent with a Milder Sentence
(1) Court may substitute the remanent of imprisonment served for a
petty crime, less severe crime, severe crime or special severe crime with
a milder sentence taking into account the offender’s conduct in serving
the sentence. In this case, such person may be fully or partially
exempted from serving an additional sentence.
(2) The remanent may be substituted with a milder sentence after at
least one third of the term is served actually by the convicted person.
(3) In substitution of the remanent, court may choose any milder
sentence in accordance with punishment types stated in Article 42 hereof,
within the bounds provided for herein for each type of punishment.
(Comments: In accordance with the Kyrgyz Republic Jogorku Kenesh
Bulletin No. 7 of 1998, p. 229, there are no words “severe or special
severe crime” in part 1 of Article 70 of the Kyrgyz Republic Criminal
Code).
Article 71. Indemnity due to Serious Illness
(1) A person that after the verdict pronouncement was taken ill
with a mental disease preventing such person from realizing or managing
one’s actions, as well as a person taken ill with another
serious
disease preventing from serving the sentence shall be indemnified based
on opinion of medical board.
(2) Court may apply medical coercive measures to persons mentioned
in part 1 of this Article.
(3) In case of recovery, sentence may be applied to such persons if
such recovery takes place prior to completion of time limitation provided
for in Article 67 hereof and calculated starting from the date of medical
coercive measure application by court.
(4)
Should
military
staff
sentenced
by
confinement
in
a
disciplinary military unit be recognized unfit for military service due
to health condition, they shall be indemnified.
Article 72. Sentence Service Suspension for Pregnant Women and Women with
Infants
(1) For sentenced pregnant women and those with children under 8
years, except those sentenced to imprisonment for special severe crimes,
court may suspend service of sentence until the child is 8 years old.
(2) Should a convicted woman such as mentioned in part 1 of this
article deny her child or continues to evade bringing her child up after
a warning of the body responsible for control of the convicted woman
whose sentence service was suspended, at request of such body, court may
revoke the service suspension and send the convicted woman to the
destination assigned under the court verdict.
(3) As the child reaches the age of 8, court shall exempt the
convicted woman from the remanent or substitute that with a milder
sentence or decide on sending her to an appropriate institution to
service the remanent.