Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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Article 370. Procedure to Change the Terms of Imprisonment of Persons Sentenced to Imprisonment (1) The transfer of a convict from a correctional facility with one regime into a correctional facility with a different regime on the grounds provided by the legislation of the Kyrgyz Republic shall be effectuated by court. The petition by the administration of a correctional facility for such transfer shall be considered by the court located in the place of imprisonment. (2) Petitions on changing the conditions of imprisonment of convicts shall be considered in court with the participation of a prosecutor. (3) Representatives of the concerned correctional facility and the convicted shall be summoned to appear in court for a trial. Article 371. Execution of a Sentence with Other Unenforced Sentences In cases where there are other few unenforced sentences in respect of the convicted, the court who has passed the last sentence or the court located in the place where the sentence is to be executed shall be bound to render a resolution on the imposing of all deduced indicated sentences on the convicted. Article 372. Procedure to Resolve Issues Related to the Execution of a Verdict (1) Decision of issues connected with execution of a verdict, imposing of compulsory medical measures with simultaneous nullification of the penalty shall be effectuated by court with the participation of a prosecutor. (2) The prosecutor and the convict shall be notified about the date and time of consideration of issues related to the execution of a verdict. The issue as to whether to summon the convict kept in custody shall be resolved by court. If the issue is related to the execution of a verdict in its civil claim part, then the civil plaintiff shall also be summoned, however, whose failure to appear in court shall not preclude the court from hearing of a case. (3) A representative of the body overseeing the execution of a sentence shall be summoned to make appearance in court when the court is considering issues related to parole, to replacement of a portion of a sentence with a less severe penalty, transfer of the convict from one correctional facility with one regime to another with a different regime. (4) In cases when a case is heard upon a joint petition of the body executing the sentence and the Juvenile Delinquency Commission, the court shall notify these about the timing and the venue of hearing. (5) When the court hears the issue related to nullification of a conditional conviction or an extension of the probation of a convict, representatives of the body effectuating the review of the conduct of the convicted shall be summoned for trial. (6) The hearing shall begin with a speech by the judge upon which those appeared in court are heard. (7) Based on the results of the examination of an issue related to the execution of a sentence, the court shall deduce a resolution which is subject to reading in the court room. A copy of the resolution shall be sent within three days to the convict, the body that has petitioned the
issue related to the execution of the sentence, as well as to the civil plaintiff, if the issue is related to the execution of the sentence in its civil claim part. (8) The resolution of judge may be appealed against to the Supreme Court of the Kyrgyz Republic for review. Article 373. Court Examination of Motions Related to the Remittance of Criminal Records (1) An issue related to the remittance of criminal records pursuant to Article 76 of the Criminal Code of the Kyrgyz Republic shall be resolved by the court with the jurisdiction over the place of residence of the person who served the sentence upon his/her petition. (2) The prosecutor shall be notified about a received petition. The prosecutor’s failure to appear in court shall not preclude from the trial. The presence of the person in whose respect a petition to remit convictions is considered shall be mandatory. (3) The consideration of a petition to remit criminal records shall begin with a speech of the judge, and, thereupon, the judge shall hear those appeared in court and the prosecutor’s conclusion. (4) In case a petition to remit criminal records is rejected, another petition may be filed no earlier then one year from the date the rejecting ruling is inferred. SECTION XI. REVIEW OF RES JUDICATA VERDICTS, RULINGS AND RESOLUTIONS OF COURTS CHAPTER 41-1. CASSATION ORDER OF EXAMINATION OF CRIMINAL CASE (Added by the Law of KR dated 8 August 2004 #111) Article 373-1. Cassational complaint of the verdicts (1) In accordance with the requirements of this Chapter, the decisions of the trial courts, which have not been appealed and which had come into force, could be appealed by the trial participants in cassational order. (2) Cassational complaint or petition shall be brought through the trial court with compliance the requirements provided in Articles 334, 340 hereof. (3) Cassational complaint against the interests of acquitted, convicted, and a person, against whom the criminal case was dismissed, shall be allowed only within one year after the verdict had come into force. Article 373-2. Courts, Reviewing the Cassational Complaints and Petitions Decisions of district (city) courts, garrison military courts may be appealed accordingly to cassational jurisdiction of regional court, Bishkek city court and Military Court of Kyrgyz Republic. Article 373-3. Subject of Cassational Trial in the Court of Cassational Jurisdicion
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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
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(11) In the course of a dwelling ho
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investigatory actions. In necessary
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Article 186. Transcript of search o
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(3) The persons specified in item 1
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made by an interrogated also on a v
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(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 and 118: (1) The session of the court by the
Page 119 and 120: (3) The appellate procedure applies
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: (4) Releasing on parole, the court
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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