Criminal Procedure Code of the Kyrgyz Republic - Legislationline

The general rules (requirements) of this Code and the articles of this section shall guide legal
proceedings on cases of juvenile delinquency.
Article 392. Evidences to be Established (Discovered) in Respect of Cases of Juvenile
Delinquency
(1) In addition to the evidence specified in Article 82 of this Code, the following evidence shall
be established in legal proceedings and trial of cases of juvenile delinquency:
1) the age of a minor offender (the date, month and year of birth);
2) the living conditions (environment) and upbringing;
3) the reasons that have forced a minor offender to commit a crime and the conditions that
have conduced the commission of a crime;
4) the presence of adult instigators and accomplices.
(2) If there is evidence on the backwardness of a minor offender non-attributable to mental
disorders, it shall be established if he/she could have realized the significance of his/her
actions as publicly dangerous or managed them.
(3) In order to inquire into this evidence, the minor’s parents, school instructors, educators,
tutors and other persons that may provide necessary information may be questioned
(interrogated). Also, relative required documents may be requested, and other investigative
and court actions may be effectuated.
Article 393. Application of Sanctions and Detention to Minor Suspect, Accused
(1) Solving the issue of application of sanctions to a minor each court shall consider the
possibility to choose to transfer of the minor under somebody’s guardianship as such
sanction as stipulated in Article 108 of this Code.
(2) Solving the issue of application of the sanction to arrest, the prosecutor shall personally
interrogate the minors, suspected accused and carefully look through all materials having
grounds for his/her custody.
(3) Taking into custody as a sanction, as well as detention may be applied to a minor under the
age of sixteen only in exceptional cases if there are grounds specified in Articles 102, 103,
110, 114 of this Code.
(4) The parents of a minor or his/her other legal representatives shall be notified of detention,
custody or extension of the custody term.
Article 394. Procedure to Summon the Minor Suspect, Accused
A minor suspect, accused who is not under custody shall be summoned to the investigator or to
the court through his parents or other legal representatives, and if the minor is kept in a special
juvenile detention facility—through the administration board of this facility.
Article 395. Interrogation of the Minor Suspect, Accused.
(1) Interrogation of the suspect, accused may not last more than two hours without interruption,
and not more than four hours a day in total.