Criminal Procedure Code of the Kyrgyz Republic - Legislationline

SECTION X. EXECUTION OF A VERDICT
CHAPTER 40. EXECUTION OF A VERDICT, RULING OR INJUNCTION
Article 358. Verdict Res Judicata and Its Execution
(1) A verdict by the court of original jurisdiction shall become res judicata and shall be subject
to execution upon the expiration of the time limit given for appellation, if it is not appealed
against.
(2) A verdict by the court of appellate jurisdiction shall become res judicata and shall be subject
to execution upon the expiration of the time period given for cassational appellation, if it is
not appealed against. In cases where cassational complaints or petitions are filed, the verdict,
if not recalled, shall become res judicata on the date when the cassational ruling is made.
(3) Where there are several convicts and the verdict is appealed against only in respect of one or
few accused, the verdict shall become res judicata in respect of other convicts from the
moment the time period given for appellation or cassational complaint, or petition is over.
(4) A verdict shall be executed by the court of original jurisdiction no later than three days after
the verdict becomes res judicata or is sent back from the court of cassational jurisdiction.
(5) A non-guilty verdict shall be executed immediately from the moment of its reading.
(6) The review over the legality of the execution of a verdict shall be effectuated by the
prosecutor or the court that has issued the verdict, or by the local court where the sentence is
served.
Article 359. Court Ruling (Injunction) Res Judicata and Its Execution
(1) A ruling (injunction) of a court shall become res judicata and shall be executed upon the
expiration of the time limit given for appellation or if it is left intact by a higher court.
(2) A ruling (injunction) of a court which is not subject to appellation shall become res judicata
and shall be executed immediately upon its adoption.
(3) A ruling of the court of cassational jurisdiction shall become res judicata from the moment
of its reading and is deemed to be final, and may be reviewed only according to the
procedure provided in Articles 42 and 43 of this Code.
(4) A ruling of the court of cassational jurisdiction shall be executed pursuant to the procedure
provided in Article 360 of this Code.
Article 360. Court Injunction, Ruling, Verdict Execution Procedure
(1) A court verdict, ruling and injunction res judicata shall be mandatory for all enterprises,
institutions, organizations, authorities and citizens.
(2) The execution of a verdict, ruling and injunction shall rest with the court that has considered
the case in the original jurisdiction. The verdict execution injunction shall be sent by the
judge together with a copy of the verdict to the body with which the obligation to execute
the verdict rests pursuant to the Criminal Execution Legislation.