Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(1) The session of the court by the petition on the assignment of the punishment without the
court examination in common procedure, in the view of the consent with the charge, shall
be conducted according to the requirements of Chapter 36 herein.
(2) Before the resolution the court shall examine the accused, victim, announces the
testimonies of the witnesses, expert examinations, hears the opinion of public prosecutor,
defense attorney or representative (legal representative).
(3) If the court will come to the conclusion on validity, which was agreed by the defendant,
then it dooms and appoints the punishment towards the defendant, which shall not be in
excess of two thirds of maximum term or size of the most severe punishment provided
for the committed crime.
(4) After the announcement of the verdict the judge shall explain to the parties the right and
order of its appeal provided by Article 38 herein.
(5) The procedural costs provided by Article 147 herein shall not be levied from the accused.
(6) The verdict resolved with the accordance to the Article 328-3 herein cannot be appealed
in the court of appeal or court reviewing the res judicata cases under the order provided in
point 1 of Article 349 herein.
CHAPTER 37. PROCEEDINGS ON PERSONAL CHARGE
Article 329. Initiation of Proceedings on Personal Charge
(1) A person initiates proceedings on personal charge by filing a report with the court on
bringing another person to criminal liability.
(2) The motion must contain the name of the court, where it was filed: description of a site where
the event of the crime took place, the site and time when it was committed, with indication of
evidence; the request to court to initiate proceedings on the case; information on a person
who is brought to criminal liability; the list of witnesses whose summoning to court is
mandatory. The report must be signed by a person who files it.
(3) The report shall be filed with the court with attached copies, which number is equal to the
number of persons against whom proceedings on personal charge are initiated.
(4) As of the moment of initiation of proceedings on the case by the court, a person who filed
this report shall be the private prosecutor, and his/ her rights must be explained of the rights
provided to him/ her by Articles 27 and 50 hereof.
Article 330. Powers of Judge in Proceedings on Private Prosecution Prior to
Commencement of Trial
(1) Where the filed report does not comply with the requirements of points 2 and 3 of Article
329 hereof, the judge shall suggest that a person who files such report should provide the
evidence, eliminate the shortcomings, and establish a deadline for that. Should the person
who filed the report fail to perform that instruction, the judge shall rule on dismissal of the
proceedings on the report and notify on that the person who filed that this report.
(2) By the motion of the private prosecutor, the judge must provide assistance in gathering the
evidence.