Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(1) The Constitution of the Kyrgyz Republic has the supreme legal effect and direct application
throughout the territory of the Kyrgyz Republic. In case of any contradiction between provisions
of this Code and provisions of the Constitution of the Kyrgyz Republic, provisions of the
Constitution shall be applied.
(2) In case of any contradiction between provisions of this Code and provisions of the
Constitutional law of the Kyrgyz Republic, provisions of the Constitutional law shall be applied.
In case of any contradiction between provisions of this Code and other laws, provisions of this
Code shall be applied.
(3) International treaties ratified by the Kyrgyz Republic shall have priority over this Code and
shall be applied directly, except for the cases when the international treaty provides issuing law
for its application.
Article 3. Limits for Application of the Criminal Procedure law
(1) Criminal proceedings shall be conducted as provided by the law, effective at the moment of
investigation and the court proceedings.
(2) Criminal proceedings in the territory of the Kyrgyz Republic in any case shall be conducted
as provided by this Code despite the actual location of the commission of the crime.
(3) If not otherwise provided by international treaties on mutual legal cooperation between the
Kyrgyz Republic and other states, criminal proceedings in respect to foreign citizens and
persons without citizenship involved in the commission of a crime shall be conducted in the
territory of the Kyrgyz Republic as provided by this Code.
(4) If so provided by the international treaty with the state of concern, Criminal Procedure rules
of this state may be applied while performing some proceedings on the instructions of courts
or investigating authorities of such state.
(5) In respect to persons enjoying the right of diplomatic immunity herein provided proceedings
may be applied only at the request or with the consent of such persons. Such consent shall be
requested through the Ministry of Foreign Affairs of the Kyrgyz Republic.
(6) Criminal procedure law charging new responsibilities on, directly or indirectly revoking or
derogating the right of the proceeding’s participants, limiting their application by special
conditions, shall have no retroactive effect.
(7) Admissibility of evidence is determined as provided by the law effective at the moment of
the evidence occurance.
Article 4. Purpose of Criminal Procedure law
(1) The major purpose of criminal procedure shall be to provide quick and complete clearance of
crime, convicting and charging with criminal liability those who committed the crime, fair
court examination and right application of the criminal statute.
(2) The order of proceedings for criminal cases provided by the law shall guarantee the
protection from groundless accusation and conviction, illegal limitation of human and civil
rights and freedoms, shall guarantee immediate and complete discharge in case of illegal
accusation and conviction, and shall contribute to strengthening law and order, prevention of
crimes, encouraging respect towards law.
Article 5. Major Definitions Used in the Code