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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.

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