19.07.2013 Views

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(1) After signing <strong>the</strong> verdict, <strong>the</strong> court shall return to <strong>the</strong> court room, where <strong>the</strong> presiding judge<br />

shall read <strong>the</strong> verdict. All present in <strong>the</strong> court room, without exception for <strong>the</strong> panel <strong>of</strong><br />

judges, shall rise to listen to <strong>the</strong> verdict.<br />

(2) If <strong>the</strong> sentence is stated in a language which is unknown to <strong>the</strong> defendant, <strong>the</strong> consecutive or<br />

simultaneous verbal translation <strong>of</strong> <strong>the</strong> verdict into <strong>the</strong> native language <strong>of</strong> <strong>the</strong> defendant, or<br />

any o<strong>the</strong>r language familiar to <strong>the</strong> defendant by <strong>the</strong> interpreter.<br />

(3) The presiding judge shall explain to <strong>the</strong> defendant, and o<strong>the</strong>r parties <strong>the</strong> content <strong>of</strong> <strong>the</strong><br />

verdict, <strong>the</strong> procedure and deadline for its appellate review. If <strong>the</strong> defendant was convicted to<br />

<strong>the</strong> capital punishment—death sentence, an explanation shall be provided to him/ her, how to<br />

file a motion for mercy.<br />

(As edited by <strong>the</strong> Law KR dated 8 August 2004 #111)<br />

Article 325. Release from Custody<br />

Should <strong>the</strong> defendant be acquitted, or a guilty verdict rendered without assignment <strong>of</strong><br />

punishment, or release from service <strong>of</strong> punishment, or probation verdict be rendered, or a<br />

punishment be assigned which does not involve imprisonment, <strong>the</strong> defendant being in custody<br />

must be released immediately.<br />

Article 326. Serving a Copy <strong>of</strong> Verdict<br />

No later than three days after announcement <strong>of</strong> <strong>the</strong> verdict, a copy <strong>the</strong>re<strong>of</strong> must be served to <strong>the</strong><br />

convicted or acquitted defendant, defense counsel, and <strong>the</strong> prosecutor. Within <strong>the</strong> same term, <strong>the</strong><br />

copy shall be served to <strong>the</strong> victim, civil plaintiff, civil defendant, and <strong>the</strong>ir representatives, if<br />

requested by <strong>the</strong>se persons.<br />

Article 327. Issues Resolved by Court Along with Rendering Verdict<br />

(1) Should a defendant convicted for imprisonment have minor children, aged parents, or o<strong>the</strong>r<br />

dependents who are left without care, <strong>the</strong> court shall, along with <strong>the</strong> rendering <strong>the</strong> guilty<br />

verdict, resolve <strong>the</strong> issue, and rules on assignment <strong>of</strong> tutelage or curatorship over <strong>the</strong>se<br />

persons by o<strong>the</strong>r relatives or o<strong>the</strong>r individuals or institutions, and where <strong>the</strong> defendant has<br />

unwatched property and housing—on taking measures necessary to ensure safety <strong>the</strong>re<strong>of</strong>.<br />

(2) In <strong>the</strong> instances where <strong>the</strong> defense counsel participated in <strong>the</strong> case on assignment, <strong>the</strong> court<br />

shall, rule, along with rendering <strong>the</strong> verdict, on <strong>the</strong> amount <strong>of</strong> compensation to be paid to <strong>the</strong><br />

legal consultancy agency.<br />

(3) Where <strong>the</strong>re are grounds provided by <strong>the</strong> point (3) article 19 here<strong>of</strong> <strong>the</strong> court render<br />

particular decision.<br />

(4) All procedural decisions specified herein must be announced in <strong>the</strong> court room after reading<br />

<strong>of</strong> <strong>the</strong> verdict.<br />

(As edited by <strong>the</strong> Law KR dated 8 August 2004 #111)<br />

Article 328. Providing Meeting with Convicted Person

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!