No. 11-04 of December 25, 1997
About court practice on cases on racketing
Having considered and having discussed materials of generalization of court practice on cases on racketing of alien property or the right to property, the Plenum of the Supreme Court of the Kyrgyz Republic notes that growth of the specified type of crimes is in recent years noted.
So, if in 1995 in courts of the republic it is considered cases with removal of sentences concerning 167 persons, then in 1996 it is considered - 208 persons, and in 6 months 1997 - 116 persons.
Cases of the specified category by courts were considered generally correctly, according to the law.
At the same time there are shortcomings. Requirements of Art. 21 of the Code of Criminal Procedure of the Kyrgyz Republic about comprehensive, complete and objective investigation of the facts of the case are not always fulfilled. Some courts make mistakes in case of differentiation of racketing from such crimes as robbery, robbery and arbitrariness.
When together with racketing also other crimes are committed, the attention to need of qualification of crimes on their set is not paid.
There is no single practice in case of qualification of racketing, committed repeatedly, by previous concert group of persons, in large size, entailed heavy effects.
By hearing of cases the reasons and conditions promoting crimes are not opened. In necessary cases private determinations are not taken out on this matter.
For the purpose of elimination of noted shortcomings and uniform application of the law on responsibility for racketing, the Plenum of the Supreme Court of the Kyrgyz Republic decides:
1. Draw the attention of courts to growth and the increased public danger of racketing, need of strict respect for the provisions of the law by hearing of cases of this category.
Observing the principle of inevitability of punishment, investigating bodies and courts on each case shall establish all participants of crime and degree of fault of everyone.
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The document ceased to be valid since June 24, 2025 according to Item 1 of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of June 24, 2025 No. 12