Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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Bailiff shall ensure the order in the court hearing, and perform the rulings of the presiding judge, and other obligations imposed on him by law. Demands of the bailiff are binding for persons present in the court room. Article 271. Measures of Pressure for Breach of Order in Court (1) A participant who breaches the order in the court room, or fails to obey the rulings of the presiding judge, shall be warned that a repeated breach of the order will entail his/her removal from the court room, or fine in the amount of up to five minimum monthly salaries. Any participant of the trial may be removed, except the prosecutor and the defense counsel, the fine may not be imposed on the prosecutor, defense counsel, and defendant. (2) If the defendant was removed from the court room, the verdict must be announced in his/her presence, or read to him/ her on signature immediately after announcement in the court room. (3) The court shall make a decision (resolution) on removal of a participant from the court room, and imposing a fine on him/ her. (4) Should persons present in the court room, who are not participants of the trial, break the order in the court room, shall be removed by the decision of the presiding judge. Moreover, the court may impose a fine on them, amounting to two minimum monthly salaries. (5) If the court recognizes that a participant of the trial or a person present in the court room committed an administrative offense, related to obvious contempt to court, or the rules established in the court, the court, after interrogating the offender, and verifying his/her arguments, may rule (decide) to apply to him one of the several administrative penalties provided by the Code of the Kyrgyz Republic on Administrative Offenses. Article 272. Record of Hearing (1) The record shall be kept in the hearings held by the court of the original and appellate jurisdiction. (2) The record may be handwritten, or typed, or word processed. To ensure that the record is complete, the shorthand and sound recording may be used. (3) The record of the hearing must include the following: the place and date of hearing, the time when it started and ended; the name and panel of the court; secretary, interpreter, prosecutor, defense counsel, defendant, and also the victim, civil plaintiff, civil defendant, and their representatives, and other persons summoned by court; the case being tried; identity of the defendant and sanctions; acts of the court in the succession they had been taken; petitions, objections and motions by persons participating in the case; the decisions of the court (resolutions by the judge), made without retirement to the conference room; indications on decisions (resolutions) made in the conference room, explanation to persons participating in the case of their rights and duties; detailed statement of testimony; questions addressed to the expert, and his/ her answers; results of examinations made in the court; indications to facts which the persons participating in the court requested to reflect in the record; the essence of remarks made by the parties in the course of judicial pleadings, and the final statement of the defendant; indication on reading of the verdict and explanation of the procedure and period of its appeal. Moreover, the record shall also include the facts of contempt to court, if they had taken place, and the identity of the offender, and the information of the measure of pressure applied by the court to this offender.
(4) The record must be prepared and signed by the presiding judge and the secretary no later than 5 days after the hearing. The record may be prepared in parts in the course of the hearing, which should be also signed by the presiding judge and the clerk of the court. (5) The presiding judge must ensure that the parties be able to familiarize themselves with the record in full volume. Article 273. Observations on Record of Hearing and Reviewing Thereof (1) Within three days after signing the record, the prosecutor, defense counsel, defendant, victim, civil plaintiff, civil defendant, and their representatives may file their observations on the record. (2) Observations on the record of the hearing shall be reviewed by the judge (court), who, if necessary, may summon the persons who presented observations. (3) As a result of reviewing the observations, the judge shall make a motivated resolution, court – ruling, to certify the accuracy of the observation, or to dismiss them. The observations on the record, and the resolution of the judge, ruling of the court shall be attached to the record of the hearing. (As edited by the Law KR dated 8 August 2004 #111) Article 274. Opening of Hearing CHAPTER 34. PREPARATION OF HEARING The presiding judge shall open the hearing, and announce the case to be tried. Article 275. Establishing Appearance The clerk of the court reports on appearance of persons summoned to court, and reports the of their failure to appear. Article 276. Explaining to Interpreter His Rights and Duties (1) The presiding judge explains to the interpreter his/ her rights and duties provided by points (1) and (2) of Article 67 hereof. (2) The presiding judge shall warn the interpreter on his/ her criminal liability for knowingly wrong translation, an a recognizance shall be taken from him, which shall be attached to the record of the hearing. The interpreter shall be also warned on a monetary penalty which may be imposed on him/ her in compliance with procedure established by point (3) of Article 67 hereof, for avoidance of performance of his/ her duties. Article 277. Removal of Witnesses from Court Room The appeared witnesses shall be removed from the court room for a time being before their interrogation. The presiding judge shall take measures necessary to prevent the witnesses who
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THE KYRGYZ REPUBLIC CRIMINAL PROCED
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Major terms: “Court”— a tribu
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“Dwelling house” - premises or
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Article 13. Inviolability of Dwelli
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Article 20. Guaranteeing the Suspec
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(1) Prosecution shall not be instit
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3) apply compulsory medical treatme
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(4) In the event of disagreement of
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CHAPTER 6. PARTICIPANTS OF CRIMINAL
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(4) The defendant shall: 1) obey th
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(3) Waiver of the counsel by the su
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1) appear if summoned by the invest
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1) know about a type of the charge
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7) be reimbursed for his expenses i
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the victim, civil plaintiff, civil
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(2) Recusal of a judge shall be dec
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3) in the event he is a judge, pros
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(1) Exhibits shall be described in
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entitled to provide written and spo
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1) recognizance not to leave the pl
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(4) The persons supervising a juven
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no grounds to change or reverse the
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(1) The investigator with a consent
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(2) Investigator, prosecutor, or a
Page 49 and 50: 4) declare the decisions of investi
Page 51 and 52: (4) Proof for of a civil claim brou
Page 53 and 54: (5) When a case is dismissed on the
Page 55 and 56: Article 147. Collection of Procedur
Page 57 and 58: investigator or prosecutor). The re
Page 59 and 60: Article 159. Institution of Prosecu
Page 61 and 62: distraint or arrest, or subject to
Page 63 and 64: (As edited by the Law of the KR dat
Page 65 and 66: investigator shall invite a third p
Page 67 and 68: (11) In the course of a dwelling ho
Page 69 and 70: investigatory actions. In necessary
Page 71 and 72: Article 186. Transcript of search o
Page 73 and 74: (3) The persons specified in item 1
Page 75 and 76: made by an interrogated also on a v
Page 77 and 78: (5) If an identifying person is a w
Page 79 and 80: (1) If an expert examination is enf
Page 81 and 82: the asked questions he shall compil
Page 83 and 84: accused. If the accused or his defe
Page 85 and 86: undertake measures for a person dis
Page 87 and 88: (2) The familiarization shall be ca
Page 89 and 90: (6) Dismissal of the motion may be
Page 91 and 92: (2) Garrison Military Courts have t
Page 93 and 94: (2) The judge may issue a resolutio
Page 95 and 96: (1) The court must ensure a public
Page 97 and 98: (2) Should the defense counsel fail
Page 99: (1) Since the moment of admission o
Page 103 and 104: The presiding judge shall explain t
Page 105 and 106: Article 290. Interrogation of Victi
Page 107 and 108: competence of the expert, and also
Page 109 and 110: Article 305. Essence and Procedure
Page 111 and 112: 3) whether this act is a crime and
Page 113 and 114: Should the verdict be amended, such
Page 115 and 116: (1) After signing the verdict, the
Page 117 and 118: (1) The session of the court by the
Page 119 and 120: (3) The appellate procedure applies
Page 121 and 122: 4) arguments of a person filed a co
Page 123 and 124: in the complaint (petition) are fou
Page 125 and 126: Article 353. Disparity in Sentencin
Page 127 and 128: (3) Bodies executing a verdict shal
Page 129 and 130: (4) Releasing on parole, the court
Page 131 and 132: issue related to the execution of t
Page 133 and 134: in it. The presiding judge shall be
Page 135 and 136: 1) appeal of convicted, his legal r
Page 137 and 138: (2) The resolution (ruling) of the
Page 139 and 140: (2) Presidium, Panel of Judges on c
Page 141 and 142: this Code, the prosecutor shall res
Page 143 and 144: (2) During interrogation of the min
Page 145 and 146: Article 401. Release of the Minor f
Page 147 and 148: 8) to participate, upon the permiss
Page 149 and 150: 4) if this person has got a mental
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shall be redressed by the state in
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Article 423. Restoration of Other R
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Article 430. Implementation of Requ
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Article 436. Transfer of Articles (
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(4) The decision of the court shall
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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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