Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(2) punishment cannot be fulfilled in a foreign state due to expiration of the limitation period or
for other reason stipulated by the legislation of this state.
(3) no guarantee of implementation of the verdict in part of the civil action has been received
from the convicted person or a foreign state;
(4) no agreement has been reached to transfer the convicted person on terms specified by the
international agreement;
(5) the convicted person has permanent residence in the Kyrgyz Republic.
Article 440. Review of the Petition on Reception of Citizens of the Kyrgyz Republic for
Serving Sentence
(1) A citizen of the Kyrgyz Republic convicted to imprisonment by the court of a foreign state,
his legal representative or close relatives, as well as competent bodies of a foreign state, with
the consent of the convicted person, may apply to the General Prosecutor of the Kyrgyz
Republic with the petition on serving the sentence by the convicted person in the Kyrgyz
Republic.
(2) If the petition is satisfied the General Prosecutor of the Kyrgyz Republic shall make
submission on implementation of the verdict of the foreign court to the Supreme Court of the
Kyrgyz Republic.
Article 441. Procedure of Consideration by the Court of Issues Related to Implementation
of Verdict of the Foreign Court
(1) Submission of the General Prosecutor of the Kyrgyz Republic shall be considered by the
judge in the court’s session in absence of the convicted person in the procedure and terms
established by this Code, for consideration of issues related to implementation of the verdict.
(2) The Kyrgyz Republic Supreme Court’s decision on implementation of the verdict of a
foreign court shall specify the following:
1) name of the court of a foreign state, time and place where the verdict is made;
2) information on the last place of residence of the convicted person in the Kyrgyz
Republic, place of work and occupation before conviction;
3) qualification of the crime in commitment of which the citizen is recognized guilty, and on
the basis of which criminal law he has been convicted;
4) criminal law of the Kyrgyz Republic providing the responsibility for the crime committed
by the convicted person;
5) type and term of sentence (main and additional), the beginning and end of the term which
the convicted person shall serve in the Kyrgyz Republic, type of the correctional facility,
procedure for restitution of the damage according to action;
(3) If according to law of the Kyrgyz Republic the limit term of imprisonment for such a crime is
shorter than prescribed by the verdict the Supreme Court of the Kyrgyz Republic shall
establish the maximum term of imprisonment for the committed action which is stipulated by
law of the Kyrgyz Republic. If according to law of the Kyrgyz Republic imprisonment is not
stipulated as punishment the Supreme Court of the Kyrgyz Republic shall establish
punishment within the limits established by the criminal legislation of the Kyrgyz Republic
for such a crime and which is mostly correspond to the verdict of a foreign state.