The Framework of Criminal Law
Legislation on Bias-motivated Violence
| Bias-motivated Violent Crimes as Specific Offenses | Bias as an Express General Aggravating Factor | Bias as an Aggravating Factor in Specific Common Crimes |
| X |
Bias Types Covered by Provisions on Aggravating Circumstances
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
| X | X |
The Criminal Code of Kyrgyzstan does not contain any general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
Bias as an Aggravating Factor in Specific Common Crimes
One provision of the Criminal Code provides for more severe, specific penalties when bias motivation is shown to have accompanied the crime. Article 97 punishes murder with incarceration ranging from eight to fifteen years. Article 97(2)(i) defines murder “with a motive of national, racial, religious hatred or enmity” as punishable “by incarceration for twelve to twenty years, with or without property confiscation, or by the death penalty, with or without property confiscation.[1]
[1] Criminal Code of the Republic of Kyrgyzstan, http://www.legislationline.org/legislations.php?jid=29<id=15.