Criminal Procedure Code of the Kyrgyz Republic - Legislationline

More documents

Recommendations

Info

(1) name of the body from which this order is originating; (2) name and address of the body to which this order is sent to; (3) name of the case and type of the order; (4) information on persons in relation to whom this order is given, their citizenship, occupation, place of residence and place of stay, for legal entities—their name and location; (5) list of circumstances to be clarified, as well as list of documents requested, material objects and other evidence; (6) information on actual circumstances of the committed crime and its qualification, if necessary—information on the amount of the damage harmed by the crime. Article 427. Summon and Questioning of the Witness, Victim, Civil Plaintiff, Civil Defendant, Their Representatives, Expert (1) A witness, victim, civil plaintiff, civil defendant, their representatives, expert if they are citizens of a foreign state, may be summoned upon their consent for implementation of investigation or judicial actions on the territory of the Kyrgyz Republic by the official who is responsible for proceeding of the criminal case. (2) The request on arrival of the summoned person shall be sent in the procedure stipulated by the second part of Article 425 of this Code. (3) Investigation and judicial actions with participation of the witness, victim, other participants of the proceeding mentioned in the first part of this article shall be carried out according to rules of this Code with following exemptions: bringing to court, monetary penalty. Article 428. Effectuation of the Injunction on Procedural Actions (1) The court, prosecutor, witness shall implement orders of relevant institutions and officials of foreign states to carry out investigation and judicial actions delegate to him in the established order, according to general rules of this Code. (2) In implementation of the order procedural standards of a foreign state may be applied if this is stipulated by an international agreement of the state. (3) In cases stipulated by the international agreement, a representative of the relevant institution of a foreign state may be present at implementation of the order. (4) If the order cannot be implemented the documents received shall be returned through the General Prosecutor of the Kyrgyz Republic or Judicial Department of the Kyrgyz Republic to the foreign institution from which the order is originating with mentioning reasons preventing its fulfillment. In any case the order shall be returned if its implementation may harm the sovereignty or safety of the state if it contradicts the legislation of the Kyrgyz Republic. Article 429. Sending of the Case Dossier for a Continuation of the Criminal Persecution If the crime is committed on the territory of the Kyrgyz Republic by a citizen of a foreign state having left outside the territory of the Kyrgyz Republic all the material of the instituted and investigated case shall be submitted to the General Attorney’s Office of the Kyrgyz Republic which considers the issue on sending them to relevant institutions of a foreign state to continue the criminal persecution.
Article 430. Implementation of Requests to Continue the Criminal Persecution or Initiation of the Criminal Proceedings (1) Transfer by a foreign state of the case for further investigation in relation to a Kyrgyz citizen who has committed crime on the territory of a foreign state and come back to the Kyrgyz Republic shall be considered by the General Prosecutor of the Kyrgyz Republic. In such cases the trial shall be conducted in the procedure stipulated by this Code. (2) Proof received during investigation of the case on the territory of a foreign state by an authorized official within his competence and in the established form, in continuation of the investigation in the Kyrgyz Republic shall have legal power equally with other proof collected on the case. (3) If the crime is committed on the territory of a foreign state by a person with the Kyrgyz citizenship and who has then come back to the Kyrgyz Republic before initiation of the persecution against him by place of committing the crime, the criminal case may be instituted and investigated by competent bodies of the Kyrgyz Republic basing on the material of this crime presented by the institution of a foreign state to the General Prosecutor of the Kyrgyz Republic. CHAPTER 48. EXTRADITION OF A PERSON FOR CRIMINAL PROSECUTION OR EXECUTION OF THE VERDICT Article 431. Submission of the Claim on Extradition of a Citizen of the Kyrgyz Republic (1) In case and procedure stipulated by the legislation of the Kyrgyz Republic and international Agreements, the General Attorney’s Office of the Kyrgyz Republic shall apply to the relevant institution of the a foreign state with the claim extradition of a person who is a citizen of the Kyrgyz Republic having committed crime on the territory of the Kyrgyz Republic if the guilty verdict has been issued in relation to this person or decision on summoning him as an accused. (2) The claim on extradition shall contain: 1) the surname, name, patronymic name of the convicted (accused),the date of birth, information on citizenship, description of the appearance, pictures; 2) presentation of actual circumstances of the committed crime with citation of the text of the law providing the responsibility, with mandatory mentioning sanction; 3) Extent of property damage was inflicted in result of crime. 4) information on the place and time of issuing the verdict having got the legal power, or resolution to summon as an accused with attaching attested copies of relevant documents. Article 432. Limits of the Criminal Liability of the Extradited Person (1) A person extradited by a foreign state may not summoned to the criminal liability, subject to punishment, neither be transferred to a third state for other crime not related to extradition, without consent of the state having extradited him.
Page 1 and 2:
THE KYRGYZ REPUBLIC CRIMINAL PROCED
Page 3 and 4:
Major terms: “Court”— a tribu
Page 5 and 6:
“Dwelling house” - premises or
Page 7 and 8:
Article 13. Inviolability of Dwelli
Page 9 and 10:
Article 20. Guaranteeing the Suspec
Page 11 and 12:
(1) Prosecution shall not be instit
Page 13 and 14:
3) apply compulsory medical treatme
Page 15 and 16:
(4) In the event of disagreement of
Page 17 and 18:
CHAPTER 6. PARTICIPANTS OF CRIMINAL
Page 19 and 20:
(4) The defendant shall: 1) obey th
Page 21 and 22:
(3) Waiver of the counsel by the su
Page 23 and 24:
1) appear if summoned by the invest
Page 25 and 26:
1) know about a type of the charge
Page 27 and 28:
7) be reimbursed for his expenses i
Page 29 and 30:
the victim, civil plaintiff, civil
Page 31 and 32:
(2) Recusal of a judge shall be dec
Page 33 and 34:
3) in the event he is a judge, pros
Page 35 and 36:
(1) Exhibits shall be described in
Page 37 and 38:
entitled to provide written and spo
Page 39 and 40:
1) recognizance not to leave the pl
Page 41 and 42:
(4) The persons supervising a juven
Page 43 and 44:
no grounds to change or reverse the
Page 45 and 46:
(1) The investigator with a consent
Page 47 and 48:
(2) Investigator, prosecutor, or a
Page 49 and 50:
4) declare the decisions of investi
Page 51 and 52:
(4) Proof for of a civil claim brou
Page 53 and 54:
(5) When a case is dismissed on the
Page 55 and 56:
Article 147. Collection of Procedur
Page 57 and 58:
investigator or prosecutor). The re
Page 59 and 60:
Article 159. Institution of Prosecu
Page 61 and 62:
distraint or arrest, or subject to
Page 63 and 64:
(As edited by the Law of the KR dat
Page 65 and 66:
investigator shall invite a third p
Page 67 and 68:
(11) In the course of a dwelling ho
Page 69 and 70:
investigatory actions. In necessary
Page 71 and 72:
Article 186. Transcript of search o
Page 73 and 74:
(3) The persons specified in item 1
Page 75 and 76:
made by an interrogated also on a v
Page 77 and 78:
(5) If an identifying person is a w
Page 79 and 80:
(1) If an expert examination is enf
Page 81 and 82:
the asked questions he shall compil
Page 83 and 84:
accused. If the accused or his defe
Page 85 and 86:
undertake measures for a person dis
Page 87 and 88:
(2) The familiarization shall be ca
Page 89 and 90:
(6) Dismissal of the motion may be
Page 91 and 92:
(2) Garrison Military Courts have t
Page 93 and 94:
(2) The judge may issue a resolutio
Page 95 and 96:
(1) The court must ensure a public
Page 97 and 98:
(2) Should the defense counsel fail
Page 99 and 100:
(1) Since the moment of admission o
Page 101 and 102:
(4) The record must be prepared and
Page 103 and 104: The presiding judge shall explain t
Page 105 and 106: Article 290. Interrogation of Victi
Page 107 and 108: competence of the expert, and also
Page 109 and 110: Article 305. Essence and Procedure
Page 111 and 112: 3) whether this act is a crime and
Page 113 and 114: Should the verdict be amended, such
Page 115 and 116: (1) After signing the verdict, the
Page 117 and 118: (1) The session of the court by the
Page 119 and 120: (3) The appellate procedure applies
Page 121 and 122: 4) arguments of a person filed a co
Page 123 and 124: in the complaint (petition) are fou
Page 125 and 126: Article 353. Disparity in Sentencin
Page 127 and 128: (3) Bodies executing a verdict shal
Page 129 and 130: (4) Releasing on parole, the court
Page 131 and 132: issue related to the execution of t
Page 133 and 134: in it. The presiding judge shall be
Page 135 and 136: 1) appeal of convicted, his legal r
Page 137 and 138: (2) The resolution (ruling) of the
Page 139 and 140: (2) Presidium, Panel of Judges on c
Page 141 and 142: this Code, the prosecutor shall res
Page 143 and 144: (2) During interrogation of the min
Page 145 and 146: Article 401. Release of the Minor f
Page 147 and 148: 8) to participate, upon the permiss
Page 149 and 150: 4) if this person has got a mental
Page 151 and 152: shall be redressed by the state in
Page 153: Article 423. Restoration of Other R
Page 157 and 158: Article 436. Transfer of Articles (
Page 159: (4) The decision of the court shall
show all

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?