Kyrgyzstan submits bill tightening penalties for digital fraud
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Kyrgyzstan submits to parliament a bill that introduces a new offence for creating or using digital infrastructure to commit fraud, carrying up to eight years in prison in the most serious cases. The draft mandates full pre-investigation checks when complaints point to mass victims or digital tools and allows investigators to freeze digital data for up to 72 hours.
Key Facts
- The bill creates a new Article 209-2 punishing the creation, sale, or use of internet resources, software, call centres, or other digital infrastructure for fraud with a fine of 1,000–2,000 calculated indexes or up to three years in prison.
- In particularly grave circumstances, the new digital fraud offence carries five to eight years in prison with confiscation of property.
- Investigators can order temporary preservation of digital data for up to 72 hours and must petition a judge to seize assets within 24 hours of discovery in mass fraud cases.
- The Code of Offences introduces fines of up to 100 calculated indexes for individuals and up to 280 for legal entities for advertising with high fraud risk that lacks advertiser verification.
- The Civil Procedure Code adds preliminary injunctions before a lawsuit, including bans on property registration actions, restrictions on disposal of funds, and a ban on misleading advertising.
Criminal Penalties
The bill introduces Article 209-2, which covers the creation, sale, or use of digital infrastructure to commit fraud. Penalties range from a fine of 1,000–2,000 calculated indexes to up to three years in prison, rising to three to five years in aggravated circumstances. In particularly grave circumstances, the offence carries five to eight years in prison with confiscation of property. The draft also clarifies Article 209 on fraud: failure to fulfil a contract alone is not a crime, and deception or breach of trust must be proven. It prohibits exemption from criminal liability by agreement with the victim in mass fraud cases unless damages are fully compensated.
Investigation and Asset Seizure
A ban is established on formally refusing to open a criminal case solely because a civil contract exists. If a complaint contains indications of fraud, mass victims, or use of digital tools, a full pre-investigation investigation becomes mandatory. Mandatory standards include a list of ten circumstances that investigators must establish. In fraud cases involving digital technologies, an investigator can order temporary preservation of digital data for up to 72 hours. In mass fraud cases, the investigator must petition the investigating judge to seize property no later than 24 hours after assets are discovered.
Civil and Advertising Measures
The Civil Code gains a class action protection provision: if a transaction concluded under the influence of fraud was used to publicly solicit funds from two or more persons, a court can apply the consequences of invalidity at the request of a prosecutor or authorised body. Advertisements and announcements can be recognised as public offers if their content indicates an intention to enter into a contract. The Civil Procedure Code adds preliminary injunctions before a lawsuit, including a ban on property registration actions, restrictions on disposal of funds, and a ban on misleading advertising. The Code of Offences introduces fines up to 100 calculated indexes for individuals and up to 280 for legal entities for advertising with a high risk of fraud without advertiser verification.
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Kyrgyzstan submits bill tightening penalties for digital fraud
