Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
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were not interrogated by <strong>the</strong> court from contacts with those interrogated, and with o<strong>the</strong>r<br />
individuals present in <strong>the</strong> court room.<br />
Article 278. Establishing Identity <strong>of</strong> Defendant and Timely Serving to Him a Copy <strong>of</strong><br />
Resolution on Summoning to Court as Defendant<br />
(1) The presiding judge shall establish <strong>the</strong> identity <strong>of</strong> <strong>the</strong> defendant, his family name, given name<br />
and patronymic, age, place <strong>of</strong> birth, place <strong>of</strong> residence, occupation and o<strong>the</strong>r information<br />
relevant to his/her identity.<br />
(2) The presiding judge shall interrogate <strong>the</strong> defendant, whe<strong>the</strong>r he/ she was served a copy <strong>of</strong><br />
resolution on summoning him/ her to court as <strong>the</strong> defendant, and <strong>the</strong> exact time <strong>of</strong> serving.<br />
(3) If a copy <strong>of</strong> resolution on summoning to court as defendant was not served, <strong>the</strong> trial <strong>of</strong> <strong>the</strong><br />
case may be postponed, and <strong>the</strong> prosecutor shall take all necessary measures aimed at<br />
immediate serving <strong>of</strong> <strong>the</strong> copy <strong>of</strong> <strong>the</strong> resolution on summoning him/ her to court as<br />
defendant. In such instances <strong>the</strong> trial <strong>of</strong> <strong>the</strong> case must not be started earlier than 3 days as <strong>of</strong><br />
<strong>the</strong> moment <strong>of</strong> serving such document.<br />
Article 279. Announcement <strong>of</strong> Presiding Judge, O<strong>the</strong>r Participants <strong>of</strong> <strong>the</strong> Proceedings, and<br />
Explanation <strong>the</strong> Right to Dismiss<br />
The presiding judge shall announce <strong>the</strong> composition <strong>of</strong> <strong>the</strong> court, and inform, who is <strong>the</strong><br />
accusant, defendant, <strong>the</strong> defense counsel, victim, his/ her representative, civil plaintiff, civil<br />
defendant, and <strong>the</strong>ir representatives. The presiding judge explains to <strong>the</strong> parties <strong>the</strong>ir right to<br />
dismiss <strong>the</strong> presiding judge, as well as any o<strong>the</strong>r aforementioned participants, in compliance with<br />
<strong>the</strong> rules provided by Chapter 8 here<strong>of</strong>.<br />
(As edited by <strong>the</strong> Law KR dated 8 August 2004 #111)<br />
Article 280. Explanation <strong>of</strong> Defendant’s Rights and Duties<br />
The presiding judge shall explain to <strong>the</strong> defendant, his legal representative <strong>the</strong>ir rights and duties<br />
in <strong>the</strong> court trial, provided by Articles 42, 43 here<strong>of</strong>.<br />
Article 281. Explanation to Victim, Civil Plaintiff and Civil Defendant Their Rights and<br />
Duties<br />
The presiding judge shall explain to <strong>the</strong> victim, civil plaintiff and civil defendant, and <strong>the</strong>ir<br />
representatives <strong>the</strong>ir rights and duties in <strong>the</strong> court trial, provided respectively by Articles 50, 53,<br />
and 56 here<strong>of</strong>. The victim in <strong>the</strong> case initiated on personal charge, or personal and public charge,<br />
and also in cases initiated on petty crimes, provided in Article 66 <strong>of</strong> <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong> <strong>of</strong><br />
<strong>Kyrgyz</strong> <strong>Republic</strong> shall be also explained his/ her right to reconcile with <strong>the</strong> defendant.<br />
(As edited by <strong>the</strong> Law KR dated 8 August 2004 #111)<br />
Article 282. Explanation to Expert His Rights and Duties