Criminal Procedure Code of the Kyrgyz Republic - Legislationline

1) leave the verdict (verdicts) of local court in force, and the appeal and petition
– without satisfaction;
2) leave one of the verdict rendered at the case earlier and reverse all other
verdicts;
3) make alterations into the verdicts rendered by courts of primary, appellate
jurisdiction within the brought accusation;
4) reverse the verdicts rendered by courts of primary, appellate jurisdiction and
dismiss the criminal case;
5) suspend the reviewing of res judicata verdicts and send an inquiry to Jogorku
Kenesh of Kyrgyz Republic on giving the official interpretation of the law,
send an inquiry to the Constitutional Court of Kyrgyz Republic on
examination of the law on accordance with the Constitution;
6) reverse the verdicts rendered by courts of primary and appellate jurisdiction
and take a new decision;
7) reverse the verdicts rendered by courts of primary and appellate jurisdiction
and pass the case into according court of primary and appellate jurisdiction for
a new examination in the absence of the decision of the court on the merits;
(2) The decisions taken by the Presidium and Panel of Judges on criminal cases and cases on
administrative offences of the Supreme Court of Kyrgyz Republic shall be rendered in
the form of resolutions – on the basis of points 1, 2, 3, 4, in the form of resolution and
verdict – on the basis of point 6, in the form of ruling – on the basis of point 5 or 7 of part
one hereof.
(3) The decisions of Presidium and Panel of Judges on criminal cases and cases on
administrative offences of the Supreme Court of Kyrgyz Republic shall be definitive and
shall not be subject to complaint.
(4) The court reviewing res judicata shall dismiss the reviewing procedure.
1) if the appeal and (or) petition were revoked;
2) if the convicted, acquitted, or defendant, against whom the petition (appeal) was
filed, had deceased;
3) if the participant of the trial did not support his appeal or appeal of his defense
counsel, representative during the trial;
4) if the participant of the trial, who had came of age to the moment of reviewing the
case in reviewing procedure, did not support the appeal of his former legal
representative, defense counsel.
(As edited by the Decision of Constitutional Court of KR dated 29 January 2004, Laws of
KR dated 24 May 2004 #68, 8 August 2004 #111)
Article 383-1. Grounds and Order for Making a New Decision by the Presidium and Panel
of Judges on Criminal Cases and Cases on Administrative Offences of the Supreme Court
of Kyrgyz Republic
(1) Presidium, Panel of Judges on Criminal Cases and Cases on Administrative Offences of
the Supreme Court of Kyrgyz Republic shall make the new decision on criminal case, if
the court of primary and appellate jurisdiction had passed the verdict with the mistake in
legal norm and evaluation of evidence.