Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(1) After fulfillment of requirements of Article 286 hereof, the presiding judge, upon
coordination with the parties establishes the procedure for examination of the evidence, the
court shall make a decision on that.
(2) The defendant may testify at any time of the trial.
Article 288. Interrogation of Defendant
(1) Before the interrogation of the defendant, the presiding judge explains his/ her right to testify
or refrain from testifying on the charge brought against him/ her and other circumstances of
the case, and that all his testimony may be used against him/ her. If the defendant agrees to
testify, the defense counsel and participants for the defense shall interrogate him first, after
that—the state prosecutor and the participants for prosecution. The presiding judge
eliminates suggestive questions and questions not relevant to the case.
(2) The presiding judge and associate judges shall ask questions to the defendant after
interrogation by the parties, however eliciting questions may be asked at any time of
interrogation.
(3) If the defendant pleads guilty, and wishes to testify on the brought charge in the form of a
story, the court hears him without interruption, except in instances when his testimony is not
relevant to the case.
(4) A defendant may be interrogated in the absence of another defendant by the initiative of the
court, or by the motion of the parties, upon a special decision (resolution) of the court. In this
case, when the defendant returns to the court room, the presiding judge informs him on the
testimony given in his/ her absence, and allows him/ her to ask questions to the defendant
interrogated in his/ her absence.
(As edited by the Law KR dated 8 August 2004 #111)
Article 289. Announcement of Defendant’s Testimony
(1) The defendant’s testimony, given in the process of investigation may be announced, and an
audio or video tape, or a film attached to the record may be reproduced by the motion of the
parties in the following cases:
1) should there be a substantial conflict between the testimony given by the defendants in
the course of the investigation, and testimony given in the trial;
2) should the defendant refuse to testify in court;
3) should the case be tried in the absence of the defendant;
(2) Rules provided by point (1) hereof also apply to announcement of testimony given by the
defendant previously in court.
(3) The audio and video tape, or film may not be reproduced in court without prior
announcement of the testimony reflected in the respective record of the interrogation, or the
record of the court hearing. A note shall be made in the record of the hearing on reproduction
of the audio or video tape, or the film.