of September 27, 2003 No. 15
About some questions of application by courts of the Kyrgyz Republic of the legislation on responsibility for crimes of official
Having studied court practice of consideration of criminal cases about crimes of official, the Plenum notes that courts generally consider cases of this category according to the current legislation.
At the same time by consideration of separate cases, were elicited the facts of the wrong application of the penal legislation that demonstrates that judges differently interpret the provision of the law, incorrectly qualify actions of the defendant, measures of punishment do not correspond to weight of deeds and the identity of the guilty person.
Mistakes in determination of the subject of crime are made, the circle of office powers of the official is not always researched and established and availability of causal relationship between violation of job responsibilities and the come harm becomes clear.
Courts make mistakes in case of otgranicheniya of abuse of official capacity from abuse of office, remuneration bribe from bribe - bribery.
Requirements of the law on individual approach to assignment of punishment to persons guilty of crimes of official are not always observed.
Measures to identification and elimination of the reasons and conditions promoting abuses and other crimes of official are insufficiently taken.
Plenum of the Supreme Court of the Kyrgyz Republic
decides:
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The document ceased to be valid according to Item 55 of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of March 25, 2016 No. 7