GENERAL PART
SECTION II. CRIME
CHAPTER 3. NOTION AND TYPES OF CRIME
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.
4) previous convictions for crimes allowing for punishments other than imprisonment.
(5) Repeated commission of crime involves a severer punishment based on and limited by this Code.
Note: 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.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.