Criminal Procedure Code of the Kyrgyz Republic - Legislationline

shall be redressed by the state in full scale regardless of fault of the agency of preliminary
investigation, investigator, prosecutor or court.
(2) The right to restitution of damage shall occur if the detained or arrested person is released for
non-proof of suspicion in committing a crime; if the criminal case is recalled for reasons
stipulated in items 1, 2 of the first part of Article 28 and in item 2 of the first part of Article
225 of this Code; if there is a verdict of «non-guilty»; if the qualification of the action is
changed to article of the law providing less heavy crime with prescription of milder penalty
or exclusion of the prosecution and therefore lowering the penalty; recall of the unlawful
decision of the court on application of compulsory medical measures.
(3) In case of death of the citizen the right to restitution of damage shall be transferred to its
successors in the established procedure, and in part of receiving pensions and allowances
payment of which has been suspended—to those members of the family who are referred t
the persons who are provided with pension in case of losing the bread-winner.
(4) Damage shall not be subject to restitution if during investigation and trial the citizen
promoted occurrence of consequences mentioned in the fist part of this Article by means of
self-accusation. However, self-accusation as a result of application of force, menace and
other unlawful measures to the citizen shall not hamper restitution of the damage. In this the
fact of applying unlawful measures shall be established by investigation bodies, prosecutor or
court.
(5) Rules of this article are not extended to cases where applied procedural compulsion measures
or resolved guilty verdict are recalled and changed due to issue of the amnesty act, expiration
of the period of prescription, under age, or adoption of the law eliminating the criminal
liability or softening punishment.
Article 418. Subject to Restitution
If there are grounds and conditions specified in the first and second parts of Article 417 of this
Code a citizen shall have the right to:
(1) restitution of the property damage: wage, pension, allowance, other funds he has been
deprived of as a result of unlawful actions, property illegally confiscated or transferred to the
state budget income according to the verdict or decision of the court; fines and procedural
expenses charged for implementation of unlawful verdict of the court; amounts paid for legal
assistance, and other expenses;
(2) elimination of results of the moral damage;
(3) restoration of labor, pension, housing and other rights.
Article 419. Recognition of the Right to Restitution of Damage.
Having recognized the decision on full and partial rehabilitation of a citizen, the court,
prosecutor, investigator shall acknowledge his right to restitution of the damage. A copy of the
preliminary verdict or decision (resolution ) to recall the criminal case or change of other
unlawful decisions shall be issued or sent to the interested person by mail. Simultaneously a
notification with explanation of the procedure for restitution of the damage and restoration of
other rights shall be sent to him.