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

of July 6, 2001 No. 7

About practice of appointment of types of correctional facilities as courts

For the purpose of the correct and uniform application of the legislation on appointment as the convict to imprisonment of type of correctional facility and in connection with the questions which arose in court practice, the Plenum of the Supreme Court of the Kyrgyz Republic decides:

1. Draw the attention of courts to need of strict observance of the requirements of article 49 UK of the Kyrgyz Republic determining procedure for purpose of type of correctional facility in which the convict to imprisonment shall serve sentence. At the same time it must be kept in mind that the law excludes possibility of purpose of this or that type of corrective labor colony according to the judicial discretion.

Change of type of the correctional facility appointed under sentence is made by court in cases, stipulated in Article 50 WICK of the Kyrgyz Republic and according to article 370 Code of Criminal Procedure of the Kyrgyz Republic.

2. In case of assignment of punishment in the form of imprisonment on cumulative offenses or on cumulative sentences the court shall appoint type of corrective labor colony or serving of part of term of punishment in prison not for each crime separately, and only in case of determination of final measure of punishment.

If in case of committing by person of several crimes, one of which are made intentionally, and others on imprudence, it is condemned on cumulative offenses to imprisonment for the term of not over five years, the court has the right to appoint condemned serving of this punishment in colony settlement for persons who committed crime on imprudence, only in case for intentional crime the penalty which is not connected with imprisonment is imposed.

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