Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 315. Grounds for Rendering Guilty Verdict
(1) The guilty verdict shall be rendered only if the guilt of the defendant in commission of the
crime was proven in the court trial by an aggregate of investigated evidence, and may not be
based on presupposition.
(2) While rendering a guilty verdict with assignment of criminal punishment to be served by the
defendant, the court must determine a precise type of the punishment, the amount and the
starting period of calculation of the serving period.
(3) The court shall render guilty verdict with assignment of punishment and release from its
serving in the instances where by the moment of rendering the verdict:
1) an amnesty act was adopted, which released from the punishment assigned to the
defendant by this verdict;
2) the time spent by the defendant in custody in this case, with consideration of the rules of
reckoning the preliminary confinement established by Article 61 of the Criminal Code of
the Kyrgyz Republic, absorbs the punishment assigned by the court.
(4) The court shall render the guilty verdict without assignment of punishment in the instances
when by the moment of rendering:
1) the person is no longer publicly dangerous;
2) the person has got sick seriously, which prevents him/her from serving the criminal
punishment for this crime;
3) the statute of limitations for criminal liability for such crime has expired.
Article 316. Grounds for Rendering Non-Guilty Verdict
(1) Non-guilty verdict is rendered in instances when:
1) the event of crime is absent;
2) the acts of the defendant do not contain elements of crime;
3) the participation of the defendant in commission of the crime is not proven;
4) the action, which had caused the damage in view of the criminal law, is lawful (justifiable
defense; extreme necessity, damage caused while making an arrest of the suspect;
execution of an order or other command; justifiable risk).
(2) Acquittal on any of the listed grounds means finding the defendant non-guilty, and entails
his/ her complete rehabilitation.
(3) Where in rendering non-guilty verdict based on unproved participation of the defendant in
the commission of the crime, the person who actually committed this crime remains
unknown, the court, after effectuation of the verdict shall submit the case to the prosecutor to
take measures on establishing a person who actually committed this crime.
(As edited by the Law KR dated 8 August 2004 #111)
Article 317. Compounding the Verdict
(1) After issues indicated in Article 312 hereof are resolved, the court shall transfer to
compounding of the verdict. The verdict shall be stated in the state or Russian language, and
consist of introduction, description and motivation, and resolution.
(2) The verdict shall be written in hand, or produced with the help of technical means by one of
the judges participating in the rendering this verdict, and shall be signed by all judges.