19.07.2013 Views

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

1) appeal <strong>of</strong> convicted, his legal representative and defense attorney, and victim and his<br />

representative, civil plaintiff, civil defendant and <strong>the</strong>ir representatives;<br />

2) petition <strong>of</strong> <strong>the</strong> prosecutor, who participated in action as accuser, or <strong>of</strong> a superior<br />

prosecutor.<br />

(1) Reviewing conviction, ruling, resolution <strong>of</strong> court resulting in worsening <strong>the</strong> situation <strong>of</strong><br />

<strong>the</strong> convicted, as well as reviewing <strong>of</strong> verdict “<strong>of</strong> not guilty”, or a ruling, resolution <strong>of</strong> court on<br />

dismissal <strong>of</strong> case, shall be allowed within one year after it has become res judicata.<br />

Article 377. <strong>Procedure</strong> <strong>of</strong> Submitting Appeals and Petitions for Examination in <strong>the</strong><br />

Reviewing <strong>Procedure</strong><br />

(1) The appeal <strong>of</strong> <strong>the</strong> participant <strong>of</strong> <strong>the</strong> procedure, petition <strong>of</strong> <strong>the</strong> prosecutor for reviewing<br />

in <strong>the</strong> reviewing procedure shall be submitted with compliance <strong>of</strong> requirements<br />

provided in Article 130 here<strong>of</strong> through <strong>the</strong> court <strong>of</strong> primary jurisdiction, which<br />

rendered <strong>the</strong> verdict, resolution, ruling.<br />

(2) The court, which had rendered <strong>the</strong> verdict, resolution, shall inform <strong>the</strong> convicted or<br />

acquitted person, defense counsel, accuser, victim and his representative, and also<br />

civil plaintiff, civil defendant, or <strong>the</strong>ir representatives on filing a complaint or petition<br />

into <strong>the</strong> court. After familiarization with <strong>the</strong> appeal or petition <strong>the</strong> court shall explain<br />

<strong>the</strong>ir right to submit written objections on <strong>the</strong> appeal or petition.<br />

(3) Objections filed on appeals or petitions shall be enclosed to <strong>the</strong> case.<br />

(4) Parties have a right to submit new materials to <strong>the</strong> court in order to confirm grounds<br />

<strong>of</strong> appeals or petitions <strong>of</strong> o<strong>the</strong>r party.<br />

(5) The court reviewing res judicata verdicts shall refuse institution <strong>of</strong> review proceeding,<br />

if <strong>the</strong> appeal and petition were submitted without compliance with <strong>the</strong> requirements <strong>of</strong><br />

part one <strong>of</strong> this Article, and shall render a resolution in its respect. The court<br />

reviewing res judicata verdicts shall refuse institution <strong>of</strong> review proceeding, if <strong>the</strong><br />

appeal and petition were submitted by <strong>the</strong> person exceed <strong>the</strong> scope <strong>of</strong> his rights<br />

granted to him herein.<br />

(6) The participant <strong>of</strong> <strong>the</strong> criminal proceeding shall be authorized to revoke his appeal or<br />

<strong>the</strong> appeal <strong>of</strong> his defense counsel and representative. Juvenile participant <strong>of</strong> <strong>the</strong><br />

proceeding may revoke <strong>the</strong> appeal <strong>of</strong> his legal representative and defense counsel<br />

only since <strong>the</strong> day he came to age. The petition may be revoked by <strong>the</strong> prosecutor that<br />

filed it and by higher prosecutor. The revoke <strong>of</strong> <strong>the</strong> appeal or petition shall be allowed<br />

before judges move to conference room.<br />

(7) The revoke <strong>of</strong> petition and (or) appeal shall lead to dismissal <strong>of</strong> <strong>the</strong> reviewing res<br />

judicata verdict, on which <strong>the</strong> court shall render a resolution.<br />

(As edited by <strong>the</strong> Laws <strong>of</strong> KR dated 24 May 2004 #68, 8 August 2004 #111)<br />

Article 378. <strong>Procedure</strong> <strong>of</strong> Case trial by <strong>the</strong> Court Reviewing Res judicata Verdicts<br />

(1) At <strong>the</strong> moment <strong>of</strong> receipt <strong>of</strong> <strong>the</strong> case with appeal or petition for reviewing <strong>the</strong> res<br />

judicata verdict, <strong>the</strong> chairman <strong>of</strong> <strong>the</strong> court reviewing res judicata verdicts or his deputy<br />

shall appoint <strong>the</strong> composition <strong>of</strong> <strong>the</strong> court, presiding judge on <strong>the</strong> case, and reporting<br />

judge, to whom he shall pass <strong>the</strong> case along with <strong>the</strong> appeal (petition) and o<strong>the</strong>r<br />

materials. The reporting judge, after studying <strong>the</strong> case, appeal and petition, shall render

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!