19.07.2013 Views

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

SHOW MORE
SHOW LESS

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

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(4) The defendant shall:<br />

1) obey <strong>the</strong> presiding judge;<br />

2) not leave <strong>the</strong> court room until <strong>the</strong> announcement <strong>of</strong> <strong>the</strong> break and without <strong>the</strong> permission<br />

<strong>of</strong> <strong>the</strong> presiding judge;<br />

3) follow <strong>the</strong> rules <strong>of</strong> behavior in <strong>the</strong> court room<br />

(5) The accused, defendant enjoy some o<strong>the</strong>r rights and carry o<strong>the</strong>r responsibilities provided<br />

herein.<br />

(6) As provided herein, rights and interests <strong>of</strong> an underaged or disabled accused shall be<br />

represented by his legal representative.<br />

(7) Any time an accused is brought to temporary detention or investigation isolation ward, and<br />

each time he, his council, relatives appeal from physical assault from <strong>of</strong>ficers <strong>of</strong> preliminary<br />

investigation and investigation, he should be obligatory medically examined with records <strong>of</strong><br />

examination. Administration <strong>of</strong> <strong>the</strong> temporary detention or investigation isolation ward shall<br />

be responsible for medical examination.<br />

(8) The accused or acquitted has <strong>the</strong> right to:<br />

1) study <strong>the</strong> transcript <strong>of</strong> court hearing and make notes on it;<br />

2) get copies <strong>of</strong> decisions <strong>of</strong> <strong>the</strong> court and appeal against <strong>the</strong>m;<br />

3) learn about complaints and petitions brought in respect <strong>of</strong> <strong>the</strong> case and challenge <strong>the</strong>m;<br />

4) participate in court consideration <strong>of</strong> complaints and petitions.<br />

(As edited by <strong>the</strong> Law <strong>of</strong> KR dated 24 March 2004 #47)<br />

Article 43. Legal Representatives <strong>of</strong> an Underaged Suspect, Accused, Defendant<br />

(1) Legal representatives shall be invited to participate in criminal proceedings on crimes<br />

committed by underaged suspects.<br />

(2) The procedure for participation <strong>of</strong> legal representatives <strong>of</strong> underaged suspects, accused,<br />

defendant is specified in Chapter 44.<br />

Article 44. Defense Attorney<br />

(1) Defense attorney is a person defending interests and rights <strong>of</strong> <strong>the</strong> suspect, accused, defendant,<br />

witness in criminal cases and rendering <strong>the</strong>m legal services by all legal means.<br />

(2) Only advocates may perform functions <strong>of</strong> defense attorneys. Close relatives and legal<br />

representatives <strong>of</strong> <strong>the</strong> accused may be allowed to act as defense attorney in court.<br />

(3) Defense attorney shall start his participation in <strong>the</strong> case from <strong>the</strong> moment <strong>of</strong> <strong>the</strong> first<br />

interrogation <strong>of</strong> suspect (accused), witness or actual detention <strong>of</strong> <strong>the</strong> suspect (accused).<br />

(4) In <strong>the</strong> event <strong>the</strong> defense attorney chosen by <strong>the</strong> suspect or accused may not appear within 24<br />

hours from <strong>the</strong> moment <strong>of</strong> detention or custodial placement, <strong>the</strong> investigator or prosecutor<br />

may suggest to invite ano<strong>the</strong>r counsel or shall appoint a counsel from <strong>the</strong> bar association<br />

[association <strong>of</strong> pr<strong>of</strong>essional advocates].<br />

(5) One and <strong>the</strong> same person shall not be a defense attorney <strong>of</strong> two suspects, accused, witnesses,<br />

defendants if <strong>the</strong>y have contradicting interests.<br />

(As edited by <strong>the</strong> Law <strong>of</strong> KR dated 13 March 2003, #61)<br />

Article 45. Invitation, Assignment, Substitution <strong>of</strong> <strong>the</strong> Defense Attorney, His Payment

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!