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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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1) recognizance not to leave <strong>the</strong> place;<br />

2) personal guarantee;<br />

3) transfer for <strong>the</strong> command probation;<br />

4) transfer <strong>of</strong> a juvenile under supervision <strong>of</strong> parents or persons, organizations substituting<br />

parents;<br />

5) bail;<br />

6) house arrest;<br />

7) taking into custody.<br />

(As edited by <strong>the</strong> Law <strong>of</strong> KR dated 24 March 2004 #47)<br />

Article 102. Grounds for Inflicting Sanctions<br />

In case <strong>the</strong>re are serious grounds to think that <strong>the</strong> accused will escape from investigation or trial,<br />

that he will prevent an objective investigation and trial <strong>of</strong> a case or will continue his criminal<br />

activity and as well as in order to provide for <strong>the</strong> execution <strong>of</strong> <strong>the</strong> sentence, <strong>the</strong> investigator,<br />

prosecutor and court, within <strong>the</strong>ir authority, shall be entitled to inflict a sanction on such person<br />

as stipulated by <strong>the</strong> Article 101 herein.<br />

(As edited by <strong>the</strong> Law <strong>of</strong> <strong>the</strong> KR dated 28 June 2001, # 62).<br />

Article 103. Circumstances to Taken into Account when a Sanction Is Selected<br />

When an issue is considered on <strong>the</strong> necessity <strong>of</strong> inflicting a sanction as well as selection <strong>of</strong> a<br />

sanction <strong>the</strong> investigator, prosecutor, or court apart from facts stipulated by Article 102 <strong>of</strong> this<br />

<strong>Code</strong> shall also take into account <strong>the</strong> gravity <strong>of</strong> <strong>the</strong> charge, <strong>the</strong> personality <strong>of</strong> <strong>the</strong> accused, his<br />

occupation, age, health condition, family status, and o<strong>the</strong>r circumstances.<br />

(As edited by <strong>the</strong> Law <strong>of</strong> <strong>the</strong> KR dated 28 June 2001, #62).<br />

Article 104. Resolution and Ruling on a Sanction Selection<br />

(1) The investigator, prosecutor, judge shall render a motivated resolution and <strong>the</strong> court shall<br />

issue a ruling on a sanction selection that shall specify a full name, year and <strong>the</strong> place <strong>of</strong> birth<br />

<strong>of</strong> <strong>the</strong> accused, type <strong>of</strong> <strong>the</strong> charge, <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong> Article according to which a person is<br />

charged, type <strong>of</strong> <strong>the</strong> selected sanction, and grounds for its selection.<br />

(2) The resolution <strong>of</strong> <strong>the</strong> investigator on sanction selection shall be announced to <strong>the</strong> accused and<br />

he has to sign it; a copy <strong>of</strong> <strong>the</strong> resolution shall be filed with a prosecutor. At <strong>the</strong> same time he<br />

shall be explained <strong>the</strong> procedure for an appeal <strong>of</strong> <strong>the</strong> decision on a sanction selection as<br />

provided by Section 15 <strong>of</strong> this <strong>Code</strong>.<br />

(As edited by <strong>the</strong> Law <strong>of</strong> <strong>the</strong> KR dated 28 June 2001, #62).<br />

Article 105. Recognizance not to Leave <strong>the</strong> Place<br />

(1) Recognizance not to leave <strong>the</strong> place is a written obligation <strong>of</strong> <strong>the</strong> accused not to leave <strong>the</strong><br />

place <strong>of</strong> his permanent or temporary place <strong>of</strong> living without <strong>the</strong> permission <strong>of</strong> <strong>the</strong><br />

investigator, prosecutor or <strong>the</strong> court, not to prevent an objective investigation and court<br />

proceedings and to come when summoned on <strong>the</strong> set date.

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