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.

(3) Where <strong>the</strong>re are grounds to set up a meeting, within up to seven days after receipt <strong>of</strong> <strong>the</strong><br />

report by <strong>the</strong> court, <strong>the</strong> judge must summon a person against whom <strong>the</strong> record was filed to<br />

familiarize him with <strong>the</strong> case file, hand in <strong>the</strong> copy <strong>of</strong> <strong>the</strong> filed record, and explain <strong>the</strong> rights<br />

<strong>of</strong> <strong>the</strong> defendant in court hearing provided by Article 42 here<strong>of</strong>, and find out, who, in this<br />

person’s opinion, must be summoned to court as witnesses for <strong>the</strong> defense.<br />

(4) The judge must explain to <strong>the</strong> parties <strong>the</strong> possibility to reconcile. If <strong>the</strong> parties file <strong>the</strong> record<br />

on reconciliation, <strong>the</strong> judge shall rule on discontinuation <strong>of</strong> proceedings on <strong>the</strong> case, based on<br />

Article 29 here<strong>of</strong>.<br />

(5) If <strong>the</strong> parties fail to reconcile, <strong>the</strong> judge, upon exercise <strong>of</strong> requirements <strong>of</strong> points 3 and 4 <strong>of</strong><br />

this Article shall set <strong>the</strong> trial <strong>of</strong> <strong>the</strong> case in compliance with rules <strong>of</strong> Article 247.<br />

Article 331. Court Trial <strong>of</strong> Case<br />

(1) The trial <strong>of</strong> case on personal prosecution may be combined into single proceeding along with<br />

<strong>the</strong> proceedings on counter-claim. Such combination is permitted by <strong>the</strong> resolution <strong>of</strong> a judge<br />

prior to <strong>the</strong> court trial. Where lawsuits are combined into single proceeding <strong>the</strong> persons who<br />

filed <strong>the</strong>m participate in <strong>the</strong> proceeding simultaneously, as personal prosecutor and<br />

defendant. The trial <strong>of</strong> <strong>the</strong> case may be postponed for no less than three days, for preparation<br />

to <strong>the</strong> defense in connection with filing <strong>of</strong> <strong>the</strong> counter claim and combination <strong>of</strong> proceedings.<br />

These persons shall be interrogated on <strong>the</strong> circumstances stated in <strong>the</strong> petitions, in conformity<br />

with <strong>the</strong> rules <strong>of</strong> interrogation <strong>of</strong> victim, and on <strong>the</strong> circumstances stated in <strong>the</strong> counterclaims—based<br />

on rules <strong>of</strong> interrogation <strong>of</strong> <strong>the</strong> defendant.<br />

(2) The prosecution in <strong>the</strong> proceedings on personal prosecution is supported by <strong>the</strong> personal<br />

prosecutor, or his/ her representative.<br />

(3) The court trial on cases <strong>of</strong> personal prosecution shall commence with statement <strong>of</strong> <strong>the</strong><br />

petition <strong>the</strong> by person who filed it, or his/ her representative.<br />

(4) Failure by <strong>the</strong> personal prosecutor or his/ her representative to appear in <strong>the</strong> court trial<br />

without <strong>the</strong> substantial reason, shall be deemed as waiver <strong>of</strong> <strong>the</strong> filed petition and shall<br />

terminate <strong>the</strong> discontinuation <strong>of</strong> proceedings on <strong>the</strong> case.<br />

SECTION IX. REVIEW OF VERDICTS, DECISIONS AND RESOLUTIONS WHICH<br />

DID NOT ENTER INTO LEGAL FORCE<br />

CHAPTER 38. APPELLATE AND CASSATIONAL REVIEW OF DECISIONS<br />

RENDERED BY COURT WHICH DID NOT ENTER INTO LEGAL FORCE<br />

Article 332. Right to Appellate and Cassational Review <strong>of</strong> Verdict Which did not Enter<br />

Into Legal Force<br />

(1) Verdicts rendered by court which were not effectuated may be reviewed in appellate or<br />

cassational procedure.<br />

(2) The right to appeal <strong>the</strong> verdict shall be provided to <strong>the</strong> convicted or acquitted person and his/<br />

her legal representatives, <strong>the</strong> prosecutor, who participated in <strong>the</strong> court, <strong>the</strong> defense counsel,<br />

<strong>the</strong> victim, and his/ her representative. The civil plaintiff, civil defendant, or <strong>the</strong>ir<br />

representatives may appeal <strong>the</strong> sentence in a part relevant to <strong>the</strong> civil lawsuit.

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

Saved successfully!

Ooh no, something went wrong!