Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 436. Transfer of Articles
(1) In extradition of the citizen to the institution of a foreign state articles which are instruments
of the crime shall be transferred together with articles having tracks of the crime. These
articles shall be transferred by request and in this case when the person cannot be extradited
as a result of his death or for other reasons.
(2) Articles specified in the first part of this article may be transferred temporarily if they are
necessary for proceeding of another criminal case.
(3) To provide legal rights to third parties articles specified in the first part of this article shall be
transferred only if there is guarantees of the institution of a foreign state to return items upon
the end of the case proceeding.
CHAPTER 49. TRANSFER OF A PERSON CONVICTED TO IMPRISONMENT, FOR
SERVING SENTENCE IN THE STATE WHICH HE IS A CITIZEN OF
Article 437. Grounds for Transfer of the Person Convicted to Imprisonment, for Serving
Sentence in the State Which He is a Citizen of
The international agreement of the Kyrgyz Republic with relevant foreign states or written
agreement on conditions of inter-action of the General Prosecutor of the Kyrgyz Republic with
competent bodies and officials of a foreign state may be grounds for transfer of the person
convicted by the Kyrgyz court to imprisonment for serving sentence in the state which he is a
citizen of, as well as for transfer of the citizen of the Kyrgyz Republic convicted by a foreign
court to imprisonment, for serving sentence in the Kyrgyz Republic.
Article 438. Conditions and Terms of Transfer of the Accused for Serving Sentence in the
State Which he is a Citizen of
(1) Transfer of the person convicted in the Kyrgyz Republic for serving sentence in the state
which he is a citizen of shall be allowed before serving the sentence in the form of
imprisonment by petition of the convicted, his legal representative or close relatives, and also
by request of the competent body of the relevant state with the consent of the convicted.
(2) The transfer may be implemented only if the verdict has come into legal force by decision of
the General Prosecutor of the Kyrgyz Republic who informs the court having issued the
verdict on the implemented transfer.
Article 439. Refuse to a Foreign State to Transfer the Person Convicted to Imprisonment
for Serving Sentence
In the following case it may refused to transfer the person convicted to imprisonment for serving
sentence in the state which he a citizen of:
(1) action for which the person has been convicted is not acknowledged as a crime according to
the legislation of the state which the convicted person is a citizen of;