Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 305. Essence and Procedure of Judicial Pleadings
(1) Upon completion of the court examination, the court shall transfer to judicial pleadings,
which consist of the speeches of the prosecutor, victim, his/ her representative, civil plaintiff
and civil defendant, or their representatives, the defendant and defense counsel. The court
shall establish the succession of presentations of the participants of judicial pleadings, based
on their proposals, however, the state or private prosecutor shall be the first to speak, who
must substantiate the opinion on the defendant’s being guilty, the qualification of his/ her
misdeeds, based on the results of the court trial, and shall state his/ her personal opinion on
the punishment which should be imposed on the defendant, or dismiss his/ her charge.
(2) Participants of the pleadings may not refer to the evidence which were not taken into
consideration in the hearing; if it is necessary that new evidence be presented, they may file a
motion on reopening of court trial.
(3) The court may not restrict the length of pleadings by a certain period of time, however, the
presiding judge may interrupt persons participating in the pleadings if they refer to
circumstances which are not relevant to the case being tried.
(4) After all presentations by all participants of the pleadings, each of them may make one more
presentation with observations (remarks) regarding the presentations made by the
representatives of the parties. The right to final remark is given to the defendant or his
defense counsel.
(5) Each participant of pleadings may submit to court his/ her language of the decision on issues
specified in items 1)-6) of point (1) of Article 312 hereof, in writing. The proposed language
shall not be binding for the court.
Article 306. Final Statement by Defendant
(1) Upon completion of court pleadings, the presiding judge shall provide the defendant the right
to make a final statement. No questions to the defendant while the final statement shall be
allowed.
(2) The court may not restrict the length of the final statement of the defendant by a certain time,
however the presiding judge may interrupt the defendant in instances when his statement
refers to circumstances which are not relevant to the case in question.
Article 307. Reopening Examination
If persons who make presentations in the judicial pleadings, or the defendant in his/ her final
statement inform the court on the new circumstances which are substantial to the case, or refer to
previously unexamined evidence relevant to the case, the court, by the motion of the parties, or
by its initiative shall reopen the proceedings. Upon completion of the reopened proceedings, the
court shall reopen judicial pleadings, and gives the defendant the right to make final statement.