RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of April 2, 2003 No. 6

About court practice on cases on crimes of minors

Having discussed practice of application by courts of the republic of the legislation on cases on crimes of minors, the Plenum of the Supreme Court of the Kyrgyz Republic notes that courts, generally correctly apply the legislation on this category of cases. At the same time, in case of legal proceedings on cases on crimes of minors cases of violation of the penal and criminal procedure legislation are still allowed. Courts insufficiently full and comprehensively research the facts of the case, do not pay due attention to clarification of motives of crime execution, the reasons and conditions promoting it, not always with sufficient completeness establish all participants of criminal group, role and extent of participation in crime of each of them.

The minors who committed the crimes which are not constituting big public danger are sometimes condemned to imprisonment whereas their correction and re-education could be reached without isolation from society. There are cases of appointment of criminal penalty as courts by the minor who committed minor offenses.

Courts by hearing of cases of this category do not pay attention to observance of the rights of the child affirmed by the international standards.

Due to the questions arising at courts in case of application of the legislation on cases on crimes of minors, the Plenum of the Supreme Court of the Kyrgyz Republic

DECIDES:

1. Draw the attention of courts to need of timely and high-quality hearing of cases about crimes of minors. Legal proceedings for this category shall be based on strict observance of requirements of special regulations of the material and procedural legislation, as much as possible promote ensuring interests, protection of legitimate rights of minors, to purpose of just punishment, the prevention of making of new crimes.

For this purpose:

- it is necessary to enhance constantly professional competence of the judges considering cases on crimes of minors, to increase their personal liability for legality and justification of each judgment;

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