Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(5) The court of appellate jurisdiction shall consider the cases in open court hearing, except the
instances indicated in Article 254 hereof.
Article 345. Appellate Court Trial
(1) The court trial starts with statement by the reporting judge the content of the verdict, and the
essence of filed appellate complaints or petitions, and objections to them.
(2) After hearing the statement made by the reporting judge, the court shall hear the
presentations of a party, which should substantiate the arguments of the complaint or
petition, or objections to them. Should the party fail to appear in the court, the written
objections of this party to the complaint or petition shall be read.
(3) After hearing the statements of parties, the court shall verify the evidence by hearing the
testimony of summoned defendant, witnesses, victims, and read the documents, records and
other the case file, both by the motion of the parties, and by its initiative. The court shall
establish the procedure of examination of evidence, with consideration of the parties’
opinion.
(4) Witnesses interrogated in the court of original jurisdiction shall be interrogated in the court of
appellate jurisdiction, if the court found their summoning necessary by the motion of the
parties, or by its own initiative.
(5) The parties may file a motion on interrogation of new witnesses, attachment of exhibits and
documents, and conducting the court expertise. The filed motions shall be resolved in
compliance with the rules of Article 284 hereof, in this event the court of appellate
jurisdiction may not dismiss the motion on the ground that it had not been granted by the
court of original jurisdiction.
(6) While adopting the decision, the court of appellate jurisdiction may refer to substantiation of
its decision to read in the court the testimony of persons who were not summoned to the
appellate court trial, however interrogated in the court of original jurisdiction. Should the
parties challenge these testimonies, the persons who testified must be interrogated.
Article 346. Judicial Pleadings. Final Statement by Defendant
(1) After completion of the examination of testimony, the presiding judge shall question the
parties whether they have motions on addition go the court trial. The court resolves these
motions and starts judicial pleadings.
(2) Judicial pleadings are held in compliance with Article 305 hereof, where the person who
filed the complaint (petition) speaks first.
Article 347. Rendering Verdict
(1) As a result of consideration of case, the court of appellate jurisdiction renders a verdict,
which replaces in full or in part the verdict rendered by the court of original jurisdiction.
(2) The court of appellate jurisdiction shall render the verdict in accordance with general rules
provided by Chapter 36 hereof, with consideration of requirements provided by point three
hereof.
(3) The verdict rendered by the court of appellate jurisdiction must indicate the grounds on
which the verdict of the court of original jurisdiction is found correct, and arguments stated