Criminal Executive Code - The Times Of Central Asia

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Kazakhstan Proposes Lowering Age of Criminal Responsibility

Kazakhstan has proposed lowering the age of criminal responsibility Leading the initiative at a plenary session, Majilis Deputy Magerram Magerramov emphasized, “We, legislators, should probably revise the age of criminal responsibility threshold for some crimes, establishing responsibility not from 14, but from 12 years old, for example, in cases of rape." Magerramov drew attention to unsafe conditions in schools, citing cases of violence and murder committed by minors. In his opinion, bullying, and romanticizing banditry within the school environment create the basis for violence that continues in the army. The deputy also stressed the lack of a social protection system and called for strengthening educators' roles in preventing schoolchildren's destructive behavior. To this end, he recommended a revision of current approaches to the prevention of criminal behavior among teenagers in tandem with increased attention to moral and ethical education. Magerramov noted that Kazakhstan needs a comprehensive approach by authorized bodies to solving these problems as well as a revision of the current system which allows juvenile offenders to avoid punishment because of their age. In June 2024, a new law came into force in Kazakhstan, which introduced liability for bullying and cyberbullying of minors. However, the deputy believes that additional measures are needed to combat juvenile violence. The age of criminal responsibility varies from country to country. In Japan, Ireland, and Morocco, children can be held responsible for crimes from the age of twelve. In India, the minimum age of responsibility is set at 12, with the caveat that for serious offenses such as murder or rape, the court may take into account the child's conscious actions.

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Kyrgyzstan Wants to Extend Prison Terms for “Calls to Seize Power”

Kyrgyzstan's Interior Ministry has proposed toughening the criminal penalties for inciting violent seizures of power. The ministry has tabled an amendment whereby those found to have breached Article 327 of Kyrgyzstan's Criminal Code (“Public calls for violent seizure of power”) could face between three and five years in prison. The Criminal Code currently only sets out a fine of 20,000 to 50,000 som ($236 to $590), or imprisonment of up to three years. The draft law has been submitted for public discussion. In Kyrgyzstan, it is not uncommon for civic activists and those who criticize the current government to be arrested on charges of "public calls for violent seizure of power". Among Kyrgyz citizens to have been convicted of this charge are Zarina Torokulova and Kanykei Aranova, who are both currently in prison after posting messages on social media. Their sentences are harsher than the law currently calls for: Torokulova was sentenced to five years in prison in 2023, while this year Aranova was sentenced to three and a half years. In June 2024, 20 Kyrgyz citizens who peacefully protested against a land swap with Uzbekistan involving the Kempir-Abad reservoir were acquitted by the court, but the prosecutor's office appealed the court's decision, demanding that they be found guilty. Furthermore, the Interior Ministry proposes increasing the prison term to five to seven years if the offense is committed by a group of individuals, or by using the internet or mass media. The current punishment is a fine of 50,000 to 100,000 som ($590 to $1,185) or imprisonment for three to five years. The draft bill also proposes to criminalize public calls for extremist activity and possession of extremist materials if a person has previously received a warning. For this purpose, new articles will be added to the Criminal Code: “Possession of extremist materials” and “Public calls for extremist activities.”

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Uzbekistan Adopts Law to Protect Prisoners’ Rights

Uzbekistan has introduced a new law to protect prisoners' rights. The new piece of legislation is formally called the law “On amendments and supplements to the Criminal-Executive Code of Uzbekistan aimed at ensuring the rights and legal interests of prisoners.” The Criminal Executive Code defines prisoners' rights to appeal to the ombudsman through the appeals box. Appeal boxes to the ombudsman will be installed in each residential sector of the Uzbekistan penal institutions, industrial zones, and buildings intended for holding short- and long-term meetings, where it is convenient for prisoners to leave appeals. In addition, appeal boxes for the children's ombudsmen will be installed in the educational colonies. It is reported that the boxes are opened only by the ombudsman, the children’s ombudsman, or the staff of their secretariats.