Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(2) Presidium, Panel of Judges on criminal cases and cases on administrative offences of the
Supreme Court of Kyrgyz Republic shall be allowed to:
6) repeal the verdicts of courts of primary and appellate jurisdiction and dismiss the
criminal case;
7) repeal the verdicts of courts of primary and appellate jurisdiction and render a
new verdict
(As edited by the Laws of KR dated 24 May 2004 #68, 8 August 2004 #111)
Article 383-2. The decisions made by presidiums of regional court and court equal to it,
examining the criminal case as an appellate court on the decision of court of primary and
appellate jurisdiction which had come into legal force Excluded by the Law of KR dated 8
August 2004 #111
SECTION XII. RESTITUTION OF PROCEEDINGS ON A CASE DUE TO NEWLY
DISCOVERED EVIDENCE
CHAPTER 43. RESTITUTION OF PROCEEDINGS ON A CASE DUE TO NEWLY
DISCOVERED EVIDENCE
Article 384. Grounds for a Restitution of Proceedings on a Case
(1) A verdict, ruling or injunction res judicata by court may be recalled and the proceedings on
the case may be restituted due to newly discovered evidence.
(2) The grounds for the restitution of legal proceedings on a case due to newly discovered
evidence shall be as follows:
1) intentional fraudulence as supported by the verdict res judicata of the testimony of a
victim or a witness, expert statement, and equally spuriousness of the proofs, the
transcript of investigation and court actions and other documents, or intentional
incorrectness of the translation that have entailed the issuance of an illegal or groundless
verdict, ruling or injunction;
2) criminal actions of the investigator or prosecutor as established by the court verdict res
judicata that have entailed the issuance of an illegal or groundless verdict, ruling or
injunction;
3) criminal actions of the judges committed by them in respect of the hearing of a given case
as supported by the court verdict res judicata;
4) other circumstances established by a check-up and listed by the prosecutor in his/her
statement unknown to the court that has deduced the verdict or ruling that either on their
own or coupled with other evidence demonstrate the innocence of a convict or prove
another degree of the gravity of the offense committed thereby as compared with the
offense for which he/she has been sentenced, or the guiltiness of the acquitted, or persons
in whose respect the case has been discontinued.
(3) The circumstances specified in items 1—3 of the second part of this article may be
established not only by the verdict, but also by the ruling of a court, the injunction of a judge,
prosecutor, investigator on the discontinuation of a case due to the expiration of the