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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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entitled to provide written and spoken information, things and documents which may be<br />

considered evidence.<br />

(6) The prosecutor shall be obliged to prove <strong>the</strong> guilt <strong>of</strong> <strong>the</strong> accused.<br />

Article 92. Verification <strong>of</strong> Evidence<br />

Collected evidence on <strong>the</strong> case shall be thoroughly and fully verified. Verification consists in<br />

analyzing <strong>the</strong> received evidence, comparing it with o<strong>the</strong>r evidence, ga<strong>the</strong>ring new evidence,<br />

verification <strong>of</strong> <strong>the</strong> sources <strong>of</strong> evidence.<br />

Article 93. Evaluation <strong>of</strong> Evidence<br />

The investigator, prosecutor, court shall evaluate <strong>the</strong> evidence according to <strong>the</strong>ir own feelings<br />

based on comprehensive, complete and objective consideration <strong>of</strong> all facts <strong>of</strong> <strong>the</strong> case and, while<br />

doing so, <strong>the</strong>y shall be guided by law.<br />

SECTION IV. PROCEDURAL SANCTIONS<br />

CHAPTER 11. DETENTION OF THE SUSPECT<br />

Article 94. Grounds for Detention <strong>of</strong> a Person Suspected in Committing a Crime<br />

(1) Grounds for detention are:<br />

1) <strong>the</strong> person is caught during <strong>the</strong> commission <strong>of</strong> a crime or directly after its commission;<br />

2) eyewitnesses, including <strong>the</strong> victims, directly point out <strong>the</strong> person as <strong>the</strong> <strong>of</strong>fender;<br />

3) <strong>the</strong> suspect, his clo<strong>the</strong>s, or his dwelling have evident traces <strong>of</strong> <strong>the</strong> crime.<br />

(2) The person may be detained in <strong>the</strong> presence <strong>of</strong> o<strong>the</strong>r facts that give grounds to suspect <strong>the</strong><br />

person in committing <strong>the</strong> crime, if attempted to escape, when he does not have a permanent<br />

place <strong>of</strong> residence or when his identification is not established.<br />

Article 95. <strong>Procedure</strong> for Detaining a Person Suspected in Committing a Crime<br />

(1) No later than three hours after <strong>the</strong> delivery <strong>of</strong> <strong>the</strong> detained, <strong>the</strong>re shall be made <strong>the</strong> transcript<br />

<strong>of</strong> detention proceedings. The transcript shall contain <strong>the</strong> grounds and reasons, place and <strong>the</strong><br />

time (with indication <strong>of</strong> hour and minute), <strong>the</strong> results <strong>of</strong> <strong>the</strong> personal search. The transcript <strong>of</strong><br />

proceedings shall be read to <strong>the</strong> suspect, and he shall be explained his rights provided for<br />

herein by Article 40. The transcript <strong>of</strong> detention shall be signed by <strong>the</strong> person who has<br />

written it and by <strong>the</strong> detained. The investigator is obliged to inform <strong>the</strong> prosecutor in writing<br />

about <strong>the</strong> detention within twelve hours starting from <strong>the</strong> moment <strong>of</strong> writing <strong>the</strong> transcript <strong>of</strong><br />

detention.<br />

(2) The detained shall be interrogated in accordance with <strong>the</strong> rules provided herein in Article<br />

191.<br />

Article 96. Personal Search <strong>of</strong> <strong>the</strong> Detained<br />

The detained may be subject to a personal search in cases when <strong>the</strong>re is a probable cause to<br />

suppose that <strong>the</strong> suspect has a weapon on him or will attempt to free himself from <strong>the</strong> evidence<br />

proving his guilt in committing <strong>the</strong> crime. A person carrying out <strong>the</strong> detention has <strong>the</strong> right to

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