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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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1) appear if summoned by <strong>the</strong> investigator, prosecutor, or <strong>the</strong> court;<br />

2) testify, give true information concerning <strong>the</strong> case;<br />

3) provide objects, documents and articles he has for <strong>the</strong> comparative analysis;<br />

4) agree to examination if so requested by <strong>the</strong> investigator, prosecutor or <strong>the</strong> court;<br />

5) not disclose evidence on <strong>the</strong> case known to him;<br />

6) obey orders <strong>of</strong> <strong>the</strong> investigator, prosecutor, <strong>the</strong> court;<br />

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

(3) In <strong>the</strong> event <strong>of</strong> failure <strong>of</strong> <strong>the</strong> victim to appear without plausible excuse, he may be brought to<br />

court or o<strong>the</strong>r agency <strong>of</strong> criminal prosecution and investigation and be fined in <strong>the</strong> amount <strong>of</strong><br />

two times <strong>the</strong> minimum monthly salary rate as provided in Articles 120 and 121 <strong>of</strong> this <strong>Code</strong>.<br />

(4) In <strong>the</strong> event <strong>of</strong> refusal to testify or if perjuring, <strong>the</strong> victim shall be liable in accordance with<br />

Articles 330 and 331 <strong>of</strong> <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong> <strong>of</strong> <strong>the</strong> <strong>Kyrgyz</strong> <strong>Republic</strong>.<br />

(5) If <strong>the</strong> victim was murdered or died as a result <strong>of</strong> <strong>the</strong> crime, <strong>the</strong> rights provided by this article<br />

shall be enjoyed by his close and o<strong>the</strong>r relatives.<br />

Article 51. Personal Prosecutor<br />

(1) Personal prosecutor is a person who filed a petition for personal prosecution and who<br />

supports prosecution during <strong>the</strong> trial as well as a victim on public and personal-and-public<br />

accusation who represents prosecution himself if <strong>the</strong> public prosecutor refused to represent<br />

prosecution.<br />

(2) Personal prosecutor shall be entitled to <strong>the</strong> rights provided herein Article 258.<br />

Article 52. Civil Plaintiff<br />

(1) Civil plaintiff is a person or legal entity that suffered pecuniary loss from a crime and<br />

brought a civil claim to be compensated. Civil claim may also ask for compensation <strong>of</strong> moral<br />

damages. A person or legal entity shall be recognized a civil plaintiff by a resolution <strong>of</strong> <strong>the</strong><br />

investigator or judge.<br />

(2) Legal representatives or prosecutor may file a civil claim on behalf <strong>of</strong> <strong>the</strong> underaged or<br />

persons recognized incapable to act on <strong>the</strong>ir own.<br />

Article 53. Rights and Responsibilities <strong>of</strong> Civil Plaintiff<br />

(1) Civil plaintiff has <strong>the</strong> right to:<br />

1) support <strong>the</strong> civil claim;<br />

2) introduce evidence;<br />

3) give explanations on <strong>the</strong> claim he filed;<br />

4) make motions and challenges;<br />

5) make statements and testify in his native language or any language he speaks;<br />

6) use services <strong>of</strong> a translator;<br />

7) have a representative;<br />

8) participate in investigational proceedings requested by him or by his representative;<br />

9) study records <strong>of</strong> investigational proceedings in which he was involved;<br />

10) study those materials from <strong>the</strong> dossier <strong>of</strong> <strong>the</strong> case that deal with <strong>the</strong> civil claim and write<br />

out <strong>the</strong> necessary information;

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