Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 353. Disparity in Sentencing and the Gravity of a Committed Offense and the
Personality of the Accused
(1) Having recognized the sentenced penalty to be unfair due to its excessive severity
incommensurate to the gravity of the committed offense and the personality of the accused,
the appellate panel shall mitigate the sentence as guided by the general principles of passing
sentences.
(2) The appellate jurisdiction may impose a more sever sentence upon the accused than
prescribed by the court, however, only in cases where the prosecution therefore petitions or
an appeal is filed by the accused, private prosecutor or their representatives.
Article 354. Nullification or Alternation of a Non-guilty Verdict
(1) A non-guilty verdict may be recalled and replaced by a guilty verdict by the appellate
jurisdiction only in cases where petitioned by the prosecutor or appealed by the victim,
private prosecutor or their representatives against unjustifiable (frivolous) acquittal of the
accused.
(2) A non-guilty verdict may be altered in its motivational part as petitioned by the acquitted.
Article 355. Transcript of a Session of the Appellate Jurisdiction
The clerk of a session of the appellate jurisdiction shall maintain a transcript (record) in the
course of the session. The parties may have their comments entered on the record that are to be
considered by the presiding judge pursuant to the procedure provided in Article 273 of this Code.
Article 356. Appeal of Sentences and Rulings of the Appellate Jurisdiction
(1) After rendering Sentences and rulings of the appellate jurisdiction together with the
case shall be filled to the Court of original jurisdiction for execution not later than
five days.
(2) Verdict and ruling of the appellate jurisdiction pursuant to which the convicted is to
be released, is performed immediately in this part.
Article 357. Repeated Trial of a Case by the Cassational Jurisdiction
(1) If for any reasons cassational complaints or petitions filed in respect of other convicts in a
timely fashion are received by the court of cassational jurisdiction after the completion of
trial of the case in respect of other convicts, or if the missed deadline is restituted by the
court pursuant to the procedure provided in Article 366 of this Code, and, equitably, if the
cassational complaint by the convicted, his/her defense attorney or other legal representative
is received after the case in respect of the convicted has been tried in accordance with the
cassational procedure upon a cassational complaint or petition by other participant of the
case, the court of cassational jurisdiction shall be obligated to examine such complaint or
petition and adopt a ruling in their respect.