Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(1) Prosecution shall not be instituted and criminal case shall be dismissed in the following
cases:
1) if no crime was committed;
2) if no corpus delicti was found;
3) if actions of the person who caused any damage were justified as provided by the
criminal law (justifiable defense; extreme necessity, damage caused while making an
arrest of the suspect; execution of an order or other command; justifiable risk);
4) when the case is not initiated by the victim in cases provided herein;
5) when the offender has been already sentenced upon the same accusation and the sentence
came into effect, or when there is any other valid decision of the court ruling on
inadmissibility of criminal prosecution;
6) when there is a valid resolution of the investigator or prosecutor to dismiss the case on
the same offense;
7) if the offender is dead by the time of criminal court proceedings, except for cases when
the case proceeding is necessary for the rehabilitation of deceased or investigation
concerning other persons;
8) if the person voluntary refused to commit the crime;
9) if the person shall be relieved of criminal liability in accordance with provisions of the
General Part of the Criminal Code of the Kyrgyz Republic;
10) as a result of amnesty when such eliminates the penalty for a certain action;
11) in the event of expiration of limitation period;
12) if the victim will refuse to support the personal or personal-and-public charge;
13) if the prosecutor will refuse to support the personal-and-public charge in the criminal
case, where the citizen (person) is not a victim;
14) if the victim and prosecutor will refuse to support the public charge.
(2) If circumstances envisaged herein by paragraphs 1 and 2 of Part 1 of this Article are
discovered in the course of court proceedings [trial], the court shall conclude the hearing of
the case and shall render the verdict of not guilty.
(3) A case shall not be dismissed upon circumstances envisaged by paragraphs 10 and 11 of this
Article/Part 1, if the accused objects it. In this event the proceedings shall be followed
pursuant to regular procedure and shall result, if there are grounds for it, in the guilty verdict
with the release of the convicted person from penalty.
(As edited by Laws of the Kyrgyz Republic dated 28 June 2001 #62, 8 August 2004 #111)
Article 29. Dismissal of a Criminal Case with the Release from the Criminal Liability
(1) In accordance with provisions of Articles 65 and 66 of the Criminal Procedure Code of the
Kyrgyz Republic, the court (judge), the prosecutor and the investigator, upon approval from
prosecutor, may dismiss a criminal case and release the person from criminal liability:
1) in case of change in the situation, if the action committed has no longer public
threat and the person is no longer public threatening.
2) in case of reconciliation with the victim as provided by Article 281 of this Code.
The grounds for the criminal case dismissal, according to what provided herein
this paragraph, shall be the written statement of the victim, his representative: