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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1) <strong>the</strong> occurrence <strong>of</strong> a crime (time, place, method and o<strong>the</strong>r circumstances <strong>of</strong> commission <strong>of</strong><br />
<strong>the</strong> crime and its harmful consequences);<br />
2) type <strong>of</strong> guilt, motives for <strong>the</strong> crime; justifiable damages;<br />
3) circumstances influencing <strong>the</strong> degree <strong>of</strong> liability <strong>of</strong> <strong>the</strong> accused;<br />
4) circumstances characterizing personality <strong>of</strong> <strong>the</strong> accused;<br />
5) character and <strong>the</strong> amount <strong>of</strong> harm caused by crime;<br />
6) circumstances for dismissal <strong>of</strong> a criminal case;<br />
7) circumstances leading to release from criminal liability.<br />
Article 83. Testimony <strong>of</strong> a Witness, Victim, Suspect, Accused<br />
(1) Witness and victim may be interrogated concerning all circumstances <strong>of</strong> <strong>the</strong> case to be<br />
proven including facts characterizing personality <strong>of</strong> <strong>the</strong> suspect, accused and victim as well<br />
as his relationship with <strong>the</strong> suspect, accused , or <strong>of</strong> <strong>the</strong> witness with <strong>the</strong> victim.<br />
(2) Information <strong>the</strong> source <strong>of</strong> which is unknown shall not be considered as evidence.<br />
(3) The suspect shall be interrogated regarding <strong>the</strong> circumstances <strong>of</strong> <strong>the</strong> case and circumstances<br />
related to his detention.<br />
(4) The accused has <strong>the</strong> right to make statements concerning <strong>the</strong> charge against him, and also<br />
concerning o<strong>the</strong>r circumstances <strong>of</strong> <strong>the</strong> case known to him and any evidence.<br />
(5) Testimony <strong>of</strong> <strong>the</strong> accused as well as pleading his guilt shall be checked and assessed toge<strong>the</strong>r<br />
with all evidence on <strong>the</strong> case.<br />
Article 84. Conclusions <strong>of</strong> an Expert<br />
(1) Expert’s conclusions shall be done in writing and <strong>the</strong>y shall contain answers to questions<br />
placed before him by <strong>the</strong> investigator, <strong>the</strong> court. Such conclusions shall be based on special<br />
skills <strong>of</strong> <strong>the</strong> expert in <strong>the</strong> area <strong>of</strong> science, technologies, art or pr<strong>of</strong>ession, or on studying<br />
materials <strong>of</strong> <strong>the</strong> criminal case, exhibits, samples and o<strong>the</strong>r objects. Conclusions shall also<br />
indicate <strong>the</strong> methods used, explanations on his answers to <strong>the</strong> questions and circumstances<br />
substantial for <strong>the</strong> case and discovered with <strong>the</strong> assistance <strong>of</strong> <strong>the</strong> expert.<br />
(2) In cases stipulated in Article 200 <strong>of</strong> this <strong>Code</strong> <strong>the</strong> examination shall be obligatory.<br />
(3) Expert’s conclusions shall not be binding for <strong>the</strong> investigator, prosecutor and court, but <strong>the</strong>ir<br />
disagreement shall be justified correspondingly in resolution, verdict, or ruling.<br />
Article 85. Exhibits<br />
Exhibits refer to objects if <strong>the</strong>re are grounds to suppose that <strong>the</strong>y were used as <strong>the</strong> weapon in <strong>the</strong><br />
commission <strong>of</strong> a crime, objects which have retained traces <strong>of</strong> <strong>the</strong> crime, or which were <strong>the</strong> object<br />
<strong>of</strong> a crime, or money and o<strong>the</strong>r values, as well as o<strong>the</strong>r objects and documents which may serve<br />
to discover <strong>the</strong> crime, establish actual circumstances <strong>of</strong> <strong>the</strong> case, or to discover <strong>the</strong> <strong>of</strong>fender, or to<br />
reject <strong>the</strong> charge, or mitigate <strong>the</strong> sentence.<br />
Article 86. Storage <strong>of</strong> Exhibits.