Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(1) A defense attorney shall be invited by the suspect, accused, defendant, witness, their legal
representatives, or by other persons if so requested by or at the consent of the suspect,
accused, defendant, witness.
(2) If so requested by the suspect, accused, defendant a defense attorney shall be assigned by the
investigator, the court.
(3) In the event the defense attorney, chosen or assigned, may not participate in the case, the
investigator, the court may suggest the suspect, accused, defendant, witness invite another
counsel or shall assign a counsel from the bar association [association of professional
advocates].
(4) Payment for of advocate’s work shall be done in correspondence with the current legislation.
(5) When a defense attorney participated in the investigation or trial upon assignment, his
services shall be paid by the state. In this event the convict may be maid pay back these
expenses to the state.
(As edited by the Law of KR dated 13 March 2003, #61)
Article 46. Obligatory Participation of a Defense Attorney
There shall be provided obligatory participation of a defense attorney in criminal proceedings in
the following cases:
(1) if so requested by the suspect, accused, defendant;
(2) when it is hard for the suspect, accused, defendant to independently realize his right to
defense due to sufficient misfunctioning of organs of vision, hearing, speech, due to long
serious disease, imbecility, obvious mental retardation, or due to other physical or psychic
disabilities;
(3) when the suspect, accused, defendant does not speak or does not know rather well the
language the proceedings are administered in;
(4) the suspect, accused, defendant is underaged;
(5) when the person is suspected of or charged with a felony;
(6) the suspect, accused, defendant is on the regular military service;
(7) when suspects, accused, or defendants have different interests provided that one of them has
a defense attorney;
(8) when representative of the victim (personal prosecutor) or of the civil plaintiff participate in
the proceedings on the case;
The participation of the attorney is necessary during the review by the prosecutor of a
petition (decision) of the investigator on choosing the sanction in the form of taking into custody.
This rule shall be applied also on the procedure concerning the extension of the detention term.
(As edited by the Laws of KR dated 24 March 2004 #47, 8 August 2004 #111)
Article 47. Waiver of the Right to Counsel
(1) The suspect, accused, defendant has the right to waive the counsel. Such waiver shall be
allowed only upon the initiative of the suspect, accused, defendant himself and shall not
preclude participation of a prosecutor, as well as defense attorneys of other suspects, accused,
defendants.
(2) When waivering a counsel, the suspect, accused, defendant shall defend himself.