Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(3) Where there are grounds to set up a meeting, within up to seven days after receipt of the report by the court, the judge must summon a person against whom the record was filed to familiarize him with the case file, hand in the copy of the filed record, and explain the rights of the defendant in court hearing provided by Article 42 hereof, and find out, who, in this person’s opinion, must be summoned to court as witnesses for the defense. (4) The judge must explain to the parties the possibility to reconcile. If the parties file the record on reconciliation, the judge shall rule on discontinuation of proceedings on the case, based on Article 29 hereof. (5) If the parties fail to reconcile, the judge, upon exercise of requirements of points 3 and 4 of this Article shall set the trial of the case in compliance with rules of Article 247. Article 331. Court Trial of Case (1) The trial of case on personal prosecution may be combined into single proceeding along with the proceedings on counter-claim. Such combination is permitted by the resolution of a judge prior to the court trial. Where lawsuits are combined into single proceeding the persons who filed them participate in the proceeding simultaneously, as personal prosecutor and defendant. The trial of the case may be postponed for no less than three days, for preparation to the defense in connection with filing of the counter claim and combination of proceedings. These persons shall be interrogated on the circumstances stated in the petitions, in conformity with the rules of interrogation of victim, and on the circumstances stated in the counterclaims—based on rules of interrogation of the defendant. (2) The prosecution in the proceedings on personal prosecution is supported by the personal prosecutor, or his/ her representative. (3) The court trial on cases of personal prosecution shall commence with statement of the petition the by person who filed it, or his/ her representative. (4) Failure by the personal prosecutor or his/ her representative to appear in the court trial without the substantial reason, shall be deemed as waiver of the filed petition and shall terminate the discontinuation of proceedings on the case. SECTION IX. REVIEW OF VERDICTS, DECISIONS AND RESOLUTIONS WHICH DID NOT ENTER INTO LEGAL FORCE CHAPTER 38. APPELLATE AND CASSATIONAL REVIEW OF DECISIONS RENDERED BY COURT WHICH DID NOT ENTER INTO LEGAL FORCE Article 332. Right to Appellate and Cassational Review of Verdict Which did not Enter Into Legal Force (1) Verdicts rendered by court which were not effectuated may be reviewed in appellate or cassational procedure. (2) The right to appeal the verdict shall be provided to the convicted or acquitted person and his/ her legal representatives, the prosecutor, who participated in the court, the defense counsel, the victim, and his/ her representative. The civil plaintiff, civil defendant, or their representatives may appeal the sentence in a part relevant to the civil lawsuit.
(3) The appellate procedure applies for reviewing petitions on verdicts and resolutions of court of original jurisdiction, rendered by a single judge or a panel of judges which did not enter into legal force. (4) The prosecutor having supported the prosecution of court of original jurisdiction shall render petitions on each illegal and ungrounded verdict. Article 333. Courts Reviewing Petitions on Verdicts Which Did Not Enter into Legal Force Verdicts of district (city) garrison military courts may be reviewed in appellate or cassational procedure in respectively Oblast, Bishkek City and Military Court of the Kyrgyz Republic. Article 334. Procedure of Filing Petitions on Verdict The petitions shall be filed to court which rendered the verdict. The petitions which were filed directly to courts of appellate or cassational jurisdiction shall be filed respectively to the court of original or appellate jurisdiction, for performance of requirements of Article 337 and point 2 of Article 338 hereof. Article 335. Deadline for Appeal of Verdicts (1) Petitions on the verdict rendered by the court of original jurisdiction may be filed within ten days after announcement of the verdict, and for convicted persons in custody—within same days after serving a copy of the verdict on them. (2) The case may not be obtained from the court pending the deadline established for the appeal of the verdict. Article 336. Procedure of Restoration of Deadline for Filing Petition (1) If the lapse of the deadline for filing a petition occurred due to a substantial reason, persons who have right to file a petition may file a motion to the court which rendered the verdict to restore the lapsed deadline. The motion to restore the deadline shall be considered in the hearing of the court by the judge who presided over the trial of the case, who may summon a person who initiated proceedings to give the explanations. (2) The resolution on dismissal of the motion to restore the lapsed deadline may be appealed to the superior court, which may restore the lapsed deadline, and try the case on the petition. Article 337. Notice on Filed Petitions (1) The court which rendered the verdict shall notify the convicted or acquitted person, defense counsel, prosecutor, victim or his/ her representative, and the civil plaintiff, civil defendant, and their representatives on the petition filed, if such petition affects their interests, and shall explain that they may familiarize themselves with the petition, and submit their objections against such petition in writing. By their request, the court shall serve them copies of the petition filed by another party. (2) Objections filed on the petition shall be attached to the case.
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THE KYRGYZ REPUBLIC CRIMINAL PROCED
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Major terms: “Court”— a tribu
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“Dwelling house” - premises or
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Article 13. Inviolability of Dwelli
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Article 20. Guaranteeing the Suspec
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(1) Prosecution shall not be instit
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3) apply compulsory medical treatme
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(4) In the event of disagreement of
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CHAPTER 6. PARTICIPANTS OF CRIMINAL
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(4) The defendant shall: 1) obey th
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(3) Waiver of the counsel by the su
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1) appear if summoned by the invest
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1) know about a type of the charge
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7) be reimbursed for his expenses i
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the victim, civil plaintiff, civil
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(2) Recusal of a judge shall be dec
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3) in the event he is a judge, pros
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(1) Exhibits shall be described in
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entitled to provide written and spo
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1) recognizance not to leave the pl
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(4) The persons supervising a juven
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no grounds to change or reverse the
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(1) The investigator with a consent
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(2) Investigator, prosecutor, or a
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4) declare the decisions of investi
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(4) Proof for of a civil claim brou
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(5) When a case is dismissed on the
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Article 147. Collection of Procedur
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investigator or prosecutor). The re
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Article 159. Institution of Prosecu
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distraint or arrest, or subject to
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(As edited by the Law of the KR dat
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investigator shall invite a third p
Page 67 and 68: (11) In the course of a dwelling ho
Page 69 and 70: investigatory actions. In necessary
Page 71 and 72: Article 186. Transcript of search o
Page 73 and 74: (3) The persons specified in item 1
Page 75 and 76: made by an interrogated also on a v
Page 77 and 78: (5) If an identifying person is a w
Page 79 and 80: (1) If an expert examination is enf
Page 81 and 82: the asked questions he shall compil
Page 83 and 84: accused. If the accused or his defe
Page 85 and 86: undertake measures for a person dis
Page 87 and 88: (2) The familiarization shall be ca
Page 89 and 90: (6) Dismissal of the motion may be
Page 91 and 92: (2) Garrison Military Courts have t
Page 93 and 94: (2) The judge may issue a resolutio
Page 95 and 96: (1) The court must ensure a public
Page 97 and 98: (2) Should the defense counsel fail
Page 99 and 100: (1) Since the moment of admission o
Page 101 and 102: (4) The record must be prepared and
Page 103 and 104: The presiding judge shall explain t
Page 105 and 106: Article 290. Interrogation of Victi
Page 107 and 108: competence of the expert, and also
Page 109 and 110: Article 305. Essence and Procedure
Page 111 and 112: 3) whether this act is a crime and
Page 113 and 114: Should the verdict be amended, such
Page 115 and 116: (1) After signing the verdict, the
Page 117: (1) The session of the court by the
Page 121 and 122: 4) arguments of a person filed a co
Page 123 and 124: in the complaint (petition) are fou
Page 125 and 126: Article 353. Disparity in Sentencin
Page 127 and 128: (3) Bodies executing a verdict shal
Page 129 and 130: (4) Releasing on parole, the court
Page 131 and 132: issue related to the execution of t
Page 133 and 134: in it. The presiding judge shall be
Page 135 and 136: 1) appeal of convicted, his legal r
Page 137 and 138: (2) The resolution (ruling) of the
Page 139 and 140: (2) Presidium, Panel of Judges on c
Page 141 and 142: this Code, the prosecutor shall res
Page 143 and 144: (2) During interrogation of the min
Page 145 and 146: Article 401. Release of the Minor f
Page 147 and 148: 8) to participate, upon the permiss
Page 149 and 150: 4) if this person has got a mental
Page 151 and 152: shall be redressed by the state in
Page 153 and 154: Article 423. Restoration of Other R
Page 155 and 156: Article 430. Implementation of Requ
Page 157 and 158: Article 436. Transfer of Articles (
Page 159: (4) The decision of the court shall
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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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