Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(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.
Article 290. Interrogation of Victim The victim shall be interrogated pursuant to the rules established for interrogation of witnesses provided in parts (2), (3), (4), and (5) of Article 291 hereof. Article 291. Interrogation of Witnesses (1) The witnesses shall be interrogated separately from each other, in the absence of the witnesses who have not been interrogated. (2) Prior to the interrogation, the presiding judge shall establish the identity of the witnesses, find out his/ her relation to the defendant and the victim, explains his/ her civil duty and the obligation to give true testimony on the case, and the liability for refusal to testify or giving knowingly false testimony. Individuals released by law from the duty to testify, shall be informed on the liability for giving knowingly false testimony. The witness shall give the recognizance that his rights and duties were explained to him/ her. This recognizance shall be attached to the record. (3) The witness shall be interrogated by the prosecutor victim, civil defendant, and their representatives, the defendant and his/ her counsel. The first will be the party who filed the motion to summon this witness to the court. (4) The presiding judge shall eliminate all suggestive questions and questions which are not relevant to the case. The judges shall clarify the testimony after interrogation by the parties. Then the presiding judge and the associate judges may ask questions to the witness. (5) The interrogated witnesses shall remain in the court room and may not leave it until the end of the court trial, without permission of the court and the consent of the parties. (As edited by the Law KR dated 8 August 2004 #111) Article 292. Use of Written Notes and Documents by Victim and Witness (1) The victim and witness may use written notes. These notes must be presented to court by its demand. (2) The victim and witness are allowed to read their documents, relevant to their testimony. These documents shall be presented to the court, and by the decision (resolution) thereof may be attached to the case. Article 293. Particularities of Interrogation of Minor Victim or Witness (1) In interrogation of victims and witnesses in the age under fourteen, and at the discretion of the court—in interrogation of such persons in the age from fourteen to sixteen, a teacher shall be summoned. If necessary, the minor’s parents or other legal representatives may be summoned. These person may ask questions to the victim and witness, with the permission of the presiding judge. (2) Prior to the interrogation of a victim or witness under the age of sixteen, the presiding judge shall explain them the significance of complete and true evidence. Such persons are not informed on the liability for knowingly false testimony, and shall not give the recognizance. (3) By the motion of the parties, or by the initiative of the court, the minor victim and witness may be interrogated in the absence of the defendant, and the court shall make a decision on
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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
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4) declare the decisions of investi
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(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 and 100: (1) Since the moment of admission o
Page 101 and 102: (4) The record must be prepared and
Page 103: The presiding judge shall explain t
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
Page 151 and 152: shall be redressed by the state in
Page 153 and 154: 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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