Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
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<strong>the</strong> victim, civil plaintiff, civil defendant or <strong>the</strong>ir representatives, and also <strong>the</strong> witnesses and<br />
o<strong>the</strong>r participants <strong>of</strong> <strong>the</strong> trial do not have a command <strong>of</strong> <strong>the</strong> language used in proceedings on<br />
<strong>the</strong> case, as well as for translation <strong>of</strong> written documents.<br />
(2) A person shall be appointed an interpreter/translator by a resolution <strong>of</strong> <strong>the</strong> investigator or <strong>the</strong><br />
judge, or by a ruling <strong>of</strong> <strong>the</strong> court.<br />
Article 67. Rights and Duties <strong>of</strong> Interpreter/Translator<br />
(1) Interpreter/translator has <strong>the</strong> right to:<br />
1) study <strong>the</strong> transcript <strong>of</strong> proceedings <strong>of</strong> <strong>the</strong> investigative action in which he has<br />
participated, and also with <strong>the</strong> transcript <strong>of</strong> <strong>the</strong> court proceedings and make comments<br />
subject to recording;<br />
2) refuse to participate in <strong>the</strong> proceedings on <strong>the</strong> case if he does not possess <strong>the</strong> knowledge<br />
necessary for <strong>the</strong> translation;<br />
3) lodge complaints against actions <strong>of</strong> <strong>the</strong> preliminary investigator, investigator, prosecutor,<br />
court;<br />
4) receive a reward for <strong>the</strong> work performed by him, reimbursement <strong>of</strong> his expenses incurred;<br />
(2) Interpreter/translator shall:<br />
1) appear when summoned by <strong>the</strong> investigator, <strong>the</strong> court;<br />
2) accomplish precisely and completely <strong>the</strong> assigned to him translation;<br />
3) certify correctness <strong>of</strong> <strong>the</strong> translation by his signature in <strong>the</strong> transcript <strong>of</strong> investigative<br />
proceedings made with his participation, and also in <strong>the</strong> procedural documents that are<br />
handed over to <strong>the</strong> participants <strong>of</strong> <strong>the</strong> trial translated in <strong>the</strong>ir native language or any o<strong>the</strong>r<br />
language that <strong>the</strong>y have a command <strong>of</strong>;<br />
4) not divulge <strong>the</strong> information about facts <strong>of</strong> <strong>the</strong> case and o<strong>the</strong>r information that became<br />
known to him in connection with his involvement in <strong>the</strong> case as an interpreter/translator;<br />
5) follow <strong>the</strong> rules <strong>of</strong> behavior during investigative proceedings during <strong>the</strong> trial;<br />
(3) If failed to appear or to fulfill his duties without justifiable reasons, <strong>the</strong>re may be imposed a<br />
fine <strong>of</strong> up to five minimum monthly salaries as provided herein by Articles 120 and 121. In<br />
case <strong>of</strong> deliberately incorrect translation an interpreter/translator shall be liable in accordance<br />
with Article 330 <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 />
Article 68. Identifying Witness.<br />
Identifying witnesses are adult persons, not less than two, summoned with <strong>the</strong>ir consent, having<br />
no interest in <strong>the</strong> case outcome, to participate in investigational actions in <strong>the</strong> cases provided<br />
herein. The accused, victim, civil claimant, civil defendant, relatives, defense attorney; <strong>of</strong>ficers,<br />
including those who work not on <strong>the</strong> permanent staff, <strong>of</strong> <strong>the</strong> agency <strong>of</strong> investigation, prosecutors<br />
<strong>of</strong>fice and <strong>the</strong> court in charge <strong>of</strong> <strong>the</strong> criminal procedure <strong>of</strong> <strong>the</strong> case, shall not be summoned as<br />
identifying witness.<br />
Article 69. Rights and Duties <strong>of</strong> Identifying Witness.<br />
(1) The identifying witness has <strong>the</strong> right to:<br />
1) ask for introduction <strong>of</strong> his comments to <strong>the</strong> transcript <strong>of</strong> proceedings in respect <strong>of</strong> <strong>the</strong><br />
actions, carried out with his participation;<br />
2) receive reimbursement <strong>of</strong> his expenses incurred during his participation in <strong>the</strong> criminal<br />
case proceedings.<br />
(2) The identifying witness shall:<br />
1) be present when certain investigative action is taken from its beginning to <strong>the</strong> end;<br />
2) certify <strong>the</strong> fact, contents and results <strong>of</strong> <strong>the</strong> actions, at which he was present;<br />
3) obey legal orders <strong>of</strong> <strong>the</strong> person conducting <strong>the</strong> investigative action;<br />
4) not divulge <strong>the</strong> materials <strong>of</strong> <strong>the</strong> case.