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) Exhibits shall be described in detail in inspection reports, if it is required, <strong>the</strong>y shall be video<br />
recorded and photographed. By resolution <strong>of</strong> <strong>the</strong> investigator, <strong>the</strong> judge, or by ruling <strong>of</strong> <strong>the</strong><br />
court, <strong>the</strong> exhibits shall be attached and stored with <strong>the</strong> dossier <strong>of</strong> <strong>the</strong> case.<br />
(2) If various objects may nor be stored with <strong>the</strong> dossier <strong>of</strong> <strong>the</strong> criminal case, <strong>the</strong>y shall be<br />
photographed or video recorded and stored as indicated by <strong>the</strong> investigator or court.<br />
(3) Big exhibits which have to be stored in special warehouses requiring substantial expenditures<br />
for storage, with short expiration date shall be immediately transmitted to appropriate<br />
facilities, organizations for usage or sale with <strong>the</strong> consent <strong>of</strong> <strong>the</strong> prosecutor and judgment<br />
enforcement <strong>of</strong>ficer provided that <strong>the</strong>y may not be returned to <strong>the</strong> owner after <strong>the</strong> criminal<br />
proceedings.<br />
(4) Exhibits shall be transmitted toge<strong>the</strong>r with <strong>the</strong> case when <strong>the</strong> case is given from one<br />
investigator to ano<strong>the</strong>r, or while addressing case to <strong>the</strong> prosecutor and court, or transferring<br />
<strong>the</strong> case from one court to ano<strong>the</strong>r, except for cases stipulated in item2 and 3 <strong>of</strong> this Article.<br />
Article 87. Terms <strong>of</strong> Exhibits’ Storage<br />
(1) Exhibits shall be stored until all issues on <strong>the</strong> case are solved by legally binding verdict, or<br />
until <strong>the</strong> terms for filing an appeal are over, or dismissal <strong>of</strong> <strong>the</strong> case.<br />
(2) In some cases exhibits may be return to <strong>the</strong> owners prior to <strong>the</strong> terms stipulated in item 1 <strong>of</strong><br />
this Article provided that it will not harm <strong>the</strong> investigation and court proceedings.<br />
Article 88. Measures Taken in Respect to <strong>the</strong> Exhibits upon Completion <strong>of</strong> <strong>the</strong> Proceedings<br />
on <strong>the</strong> Case<br />
In <strong>the</strong> verdict, as well as in a ruling or dismissal resolution <strong>the</strong> issue <strong>of</strong> exhibits shall be resolved<br />
according to <strong>the</strong> following rules:<br />
(1) weapons used in <strong>the</strong> crime belonging to <strong>the</strong> accused shall be confiscated;<br />
(2) items which are banned shall be transferred to an appropriate institutions or destroyed;<br />
(3) items <strong>of</strong> no value shall be destroyed, provided that <strong>the</strong>y may be <strong>of</strong> no fur<strong>the</strong>r use, or in case<br />
<strong>of</strong> <strong>the</strong> motion by interested persons or institutions <strong>the</strong>y may be given to <strong>the</strong>m;<br />
(4) money and o<strong>the</strong>r valuables obtained illegally shall become <strong>the</strong> state revenue, pursuant to <strong>the</strong><br />
verdict, ruling <strong>of</strong> <strong>the</strong> court, resolution <strong>of</strong> <strong>the</strong> judge or, if <strong>the</strong> case is dismissed due to <strong>the</strong> death<br />
<strong>of</strong> <strong>the</strong> accused or his recognizance as irresponsible, <strong>the</strong>n pursuant to <strong>the</strong> resolution <strong>of</strong> <strong>the</strong><br />
investigator; <strong>the</strong> rest shall be given to <strong>the</strong>ir owners and if <strong>the</strong> owners are not known, <strong>the</strong>y<br />
shall become <strong>the</strong> state property. Disputes concerning <strong>the</strong> ownership for such items shall be<br />
solved according to <strong>the</strong> rules <strong>of</strong> civil procedure;<br />
(5) Money and o<strong>the</strong>r valuables received as a bribe shall be considered as revenue <strong>of</strong> <strong>the</strong> State<br />
pursuant <strong>the</strong> court verdict as provided by criminal law;<br />
(6) documents which are considered exhibits shall remain with <strong>the</strong> case dossier throughout <strong>the</strong><br />
time <strong>of</strong> its storage or shall be transferred to appropriate institutions.<br />
(As edited by <strong>the</strong> Law <strong>of</strong> <strong>the</strong> KR dated 28 June 2001 #62)<br />
Article 89. O<strong>the</strong>r Documents<br />
(1) Documents shall be considered evidence if <strong>the</strong> information stated, or certified by<br />
organizations, <strong>of</strong>ficials, and citizens is significant for <strong>the</strong> criminal case.