Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(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.
(4) The decision of the court shall come into force from the moment of its issue and shall be sent to the General Prosecutor of the Kyrgyz Republic to ensure implementation. (5) In case of recall or change of the verdict of the court of a foreign state of application of the amnesty or pardon issued in a foreign state, to the person serving sentence in the Kyrgyz Republic issues on implementation of the re-considered verdict, as well application of amnesty or pardon shall be solved according to rules of this Code. President A. Akaev The Kyrgyz Republic Bishkek City Government House June 30, 1999 No62
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THE KYRGYZ REPUBLIC CRIMINAL PROCED
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Major terms: “Court”— a tribu
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“Dwelling house” - premises or
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Article 13. Inviolability of Dwelli
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Article 20. Guaranteeing the Suspec
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(1) Prosecution shall not be instit
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3) apply compulsory medical treatme
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(4) In the event of disagreement of
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CHAPTER 6. PARTICIPANTS OF CRIMINAL
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(4) The defendant shall: 1) obey th
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(3) Waiver of the counsel by the su
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1) appear if summoned by the invest
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1) know about a type of the charge
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7) be reimbursed for his expenses i
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the victim, civil plaintiff, civil
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(2) Recusal of a judge shall be dec
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3) in the event he is a judge, pros
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(1) Exhibits shall be described in
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entitled to provide written and spo
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1) recognizance not to leave the pl
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(4) The persons supervising a juven
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no grounds to change or reverse the
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(1) The investigator with a consent
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(2) Investigator, prosecutor, or a
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4) declare the decisions of investi
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(4) Proof for of a civil claim brou
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(5) When a case is dismissed on the
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Article 147. Collection of Procedur
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investigator or prosecutor). The re
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Article 159. Institution of Prosecu
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distraint or arrest, or subject to
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(As edited by the Law of the KR dat
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investigator shall invite a third p
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(11) In the course of a dwelling ho
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investigatory actions. In necessary
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Article 186. Transcript of search o
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(3) The persons specified in item 1
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made by an interrogated also on a v
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(5) If an identifying person is a w
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(1) If an expert examination is enf
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the asked questions he shall compil
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accused. If the accused or his defe
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undertake measures for a person dis
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(2) The familiarization shall be ca
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(6) Dismissal of the motion may be
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(2) Garrison Military Courts have t
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(2) The judge may issue a resolutio
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(1) The court must ensure a public
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(2) Should the defense counsel fail
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(1) Since the moment of admission o
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(4) The record must be prepared and
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The presiding judge shall explain t
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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 and 154: Article 423. Restoration of Other R
Page 155 and 156: Article 430. Implementation of Requ
Page 157: Article 436. Transfer of Articles (
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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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