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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(2) If <strong>the</strong> accused violates <strong>the</strong> recognizance not to leave <strong>the</strong> place, a more serious sanction may<br />

be inflected upon him and he shall be informed about such possibility when he recognizes<br />

not to leave <strong>the</strong> place.<br />

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

Article 106. Personal Guarantee<br />

(1) Personal guarantee is a written obligation <strong>of</strong> trustworthy persons certifying that <strong>the</strong>y<br />

guarantee that <strong>the</strong> accused will fulfill his responsibilities specified in item 1 Article 105 <strong>of</strong><br />

this <strong>Code</strong>. The number <strong>of</strong> guarantors shall not be less than two.<br />

(2) Selection <strong>of</strong> a guarantee <strong>of</strong> defendant’s appearance as a sanction shall be acceptable only<br />

upon a written motion <strong>of</strong> a guarantor and with <strong>the</strong> consent <strong>of</strong> <strong>the</strong> accused.<br />

(3) Guarantor shall provide a guarantee <strong>of</strong> defendant’s appearance that has to certify that he was<br />

explained <strong>the</strong> type <strong>of</strong> <strong>the</strong> charge <strong>of</strong> <strong>the</strong> persons for whom he acts as a guarantor bearing all<br />

liabilities coming out <strong>of</strong> it, including imposition <strong>of</strong> a fine in case <strong>the</strong> accused commits acts<br />

for <strong>the</strong> prevention <strong>of</strong> which <strong>the</strong> sanction was inflicted.<br />

(4) In case <strong>the</strong> accused commits acts for <strong>the</strong> prevention <strong>of</strong> which <strong>the</strong> guarantee was undertaken,<br />

<strong>the</strong> court shall impose a fine on each guarantor in <strong>the</strong> amount from 100 up to 500 minimum<br />

monthly salaries in accordance with <strong>the</strong> procedure foreseen by Articles 120,121 <strong>of</strong> this <strong>Code</strong>.<br />

Article 107. Military Unit’s Command Probation <strong>of</strong> Members <strong>of</strong> <strong>the</strong> Armed Forces<br />

(1) Military unit’s command probation <strong>of</strong> <strong>the</strong> accused on military service or who is a member <strong>of</strong><br />

<strong>the</strong> armed forces or was called to participate in military training means undertaking measures<br />

foreseen by <strong>the</strong> regulations <strong>of</strong> <strong>the</strong> armed forces <strong>of</strong> <strong>the</strong> <strong>Kyrgyz</strong> <strong>Republic</strong>. If on probation, <strong>the</strong><br />

commodity <strong>of</strong>ficer shall provide for due behavior <strong>of</strong> such person and his appearance when<br />

summoned by <strong>the</strong> investigator, prosecutor, or <strong>the</strong> court.<br />

(2) Military unit command shall be informed about <strong>the</strong> type <strong>of</strong> <strong>the</strong> case for which this type <strong>of</strong><br />

sanction is selected. Upon undertaking probation, commanding <strong>of</strong>ficer shall inform about it<br />

in writing <strong>the</strong> body that selected this type <strong>of</strong> a sanction.<br />

(3) In case <strong>the</strong> accused commits acts for <strong>the</strong> prevention <strong>of</strong> which this sanction was inflicted <strong>the</strong><br />

command shall immediately inform about it <strong>the</strong> body that selected this sanction.<br />

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

Article 108. Transfer <strong>of</strong> a Juvenile under <strong>the</strong> Supervision<br />

(1) Transfer <strong>of</strong> a juvenile under <strong>the</strong> supervision <strong>of</strong> parents, guardians, curators, and o<strong>the</strong>r<br />

trustworthy persons, as well as representatives <strong>of</strong> special children agencies means<br />

undertaking by one <strong>of</strong> <strong>the</strong> mentioned persons <strong>of</strong> an obligation in writing to provide due<br />

behavior <strong>of</strong> <strong>the</strong> juvenile and his appearance when summoned by <strong>the</strong> investigator or <strong>the</strong> court.<br />

(2) Transfer <strong>of</strong> a juvenile under <strong>the</strong> supervision <strong>of</strong> parents and o<strong>the</strong>r persons is possible only<br />

upon <strong>the</strong>ir written motion.<br />

(3) When undertaking supervision over a juvenile, parents, guardians, curators, representatives<br />

<strong>of</strong> special children agencies shall be informed about <strong>the</strong> type <strong>of</strong> <strong>the</strong> crime <strong>the</strong> juvenile is<br />

charged with and about <strong>the</strong>ir responsibility in case <strong>of</strong> a violation <strong>of</strong> <strong>the</strong> undertaken<br />

supervisor’s liabilities.

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