(2) Cumulative crime is as well a single action/omission having
attributes of corpus delicti envisaged by two or more article hereof.
(3) If a crime is envisaged by both general and special provisions
and there is not cumulative, criminal responsibility shall take its
effect under the special provision.
Article 16. Recidivism
(1) Criminal recidivism is the commission of an intended offence by
a person with previous conviction for previously committed intended
crime.
(2) Repeated commission of a crime shall be recognized dangerous in
the following cases:
1) a person has committed an intended crime for which such person
is sentenced by imprisonment – if such person had previously been three
times sentenced by imprisonment for intended crimes.
2) a person has committed a severe offence – if such person had
previously been twice convicted for a severe crime.
(3) Repeated commission of a crime shall be recognized particularly
dangerous in the following cases:
1) a person has committed an intended crime for which such person
is sentenced by imprisonment – if such person had previously been three
or more times sentenced by imprisonment for severe crimes.
2) a person has committed a severe offence – if such person had
previously been three times convicted for a severe crime and convicted
twice for particularly severe crimes.
3) a person has committed a particularly severe offence – if such
person had previously been convicted for a particularly severe crime.
(4) In recognition of repeated commission of crime, the following
shall not been taken into account:
1) previous convictions for petty intended crimes;
2) previous convictions for crimes committed by a person under 18
years old;
3) previous convictions for crimes sentenced conditionally or for
which the sentence execution was suspended if conditional conviction or
execution suspension has not been cancelled and the person has not been
sent to serve the sentence, as well as previous convictions recalled
under procedures established by Article 76 hereof.
(5) Repeated commission of crime involves a severer punishment
based on and limited by this Code.
Note: Previous conviction for a crime committed prior to January 1,
1998, by a person under 18 years old shall not be taken into account in
recognition of a repeated commission of offence.
Previous conviction of a person in a foreign state for an act also
recognized as a crime in the Kyrgyz Republic shall be taken into account
in recognition of a repeated commission of offence.
(Version of the Kyrgyz Republic laws of March 12, 2002, No. 36;
June 11, 2003, No. 99; February 13, 2006, No. 56)
CHAPTER 4. CRIMINALLY LIABLE PERSONS
Article 17. General Conditions of Criminal Liability