of December 5, 2003 No. 18
About court practice on cases on abaction (practice of courts of the Talas region of the Kyrgyz Republic)
Having heard and having discussed results of generalization of court practice on cases on abaction on the example of the Talas region, the plenum of the Supreme Court of the Kyrgyz Republic notes that courts consider cases of this category according to the current legislation. At the same time, in activity of the courts there are shortcomings and violations of the laws.
Some courts make mistakes in qualification of criminal acts of perpetrators. Not on all cases the principles of individualization in case of assignment of punishment are observed.
So, not always courts react to the facts of not identification and not accountability of all persons who committed crimes on abaction.
In some cases to persons who committed serious crimes soft measures penalties are unreasonably imposed. Along with it courts sometimes unreasonably apply imprisonment, including for short terms, to persons whose correction and re-education is possible without isolation from society.
Not always in the cases provided by the law it is applied to persons condemned for abaction, additional measure property nakazaniyakonfiskation.
Measures for ensuring compensation of material damage are not always taken, civil actions of the victims without consideration are unreasonably left.
Courts do not pay necessary attention to identification of the reasons and conditions promoting making of crimes on abaction and taking measures to their elimination.
For the purpose of elimination of noted shortcomings of work of the courts and the correct, uniform application by courts of the legislation on abaction, being guided by article 15 of the Law "About the Supreme Court of the Kyrgyz Republic and Local Courts", plenum of the Supreme Court of the Kyrgyz Republic
decides:
1. Draw the attention of courts to need of strengthening of responsibility for crimes on abaction, compliance with law by hearing of cases of this category.
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The document ceased to be valid according to Item 66 of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of November 4, 2022 No. 25