To date, the crime situation shows a steady increase in complaints from citizens about fraudulent activities committed against them (Article 209 of the Criminal Code of the Kyrgyz Republic). The Ministry of Internal Affairs of Kyrgyzstan has initiated stricter criminal penalties for such offenses, and a draft amendments have been submitted for public discussion.
The ministry notes that, in practice, most criminal cases are either closed or procedural decisions are made to deny the initiation of criminal proceedings, citing the existence of civil-legal relations between the complainant and the person who caused the financial damage.
«Even in cases where clear evidence of misappropriating someone else’s property is confirmed, a significant part of criminal cases in this category are terminated due to the incomplete disposition of Article 209 of the Criminal Code, which does not account for one method of committing the crime — the appropriation of property under the guise of civil-legal relations,» the initiators clarify.
It is noted that during investigations of fraud cases (currently considered less serious crimes), after charges are brought and decisions are made regarding preventive measures, there is no real possibility of choosing detention as a preventive measure. This situation creates difficulties for investigators in taking effective measures to compensate victims for their losses, the Internal Affairs Ministry explains.
«Judicial practice in fraud cases also shows that defendants who cause significant material damage and fail to compensate for it are usually punished with a fine. For those who cause particularly large damages, including through abuse of office, courts often impose probation supervision.
This situation suggests that one of the key principles of criminal justice — the inevitability of punishment for committed crimes — is being violated. Under these circumstances, offenders, realizing the possibility of avoiding real punishment, deliberately commit fraudulent acts to illegally seize others’ property,» the background statement says.
Law enforcement department proposes revising the disposition of Article 209 of the Criminal Code and adding the phrase: «...as well as involving the intentional failure to fulfill contractual obligations.»
It is proposed to increase prison terms and eliminate fines as a form of punishment. Such crimes would be classified as serious and particularly serious offenses.
The Ministry of Internal Affairs suggests punishing fraudsters with imprisonment for a term from five to seven years.
