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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Taking into custody as a sanction may be applied to a juvenile only in exceptional cases when it<br />
is caused by <strong>the</strong> repeated nature <strong>of</strong> public wrongs qualified as grave crimes, or by <strong>the</strong> charge in<br />
committing <strong>the</strong> particularly aggravated crimes.<br />
(As edited by <strong>the</strong> Law <strong>of</strong> KR dated 8 August 2004 #111)<br />
SECTION 13. OTHER MEASURES OF PROCEDURAL ENFORCEMENT<br />
Article 115. The Grounds for Undertaking O<strong>the</strong>r Measures <strong>of</strong> Procedural Enforcement<br />
(1) In order to provide for <strong>the</strong> stipulated by this <strong>Code</strong> procedure for investigation and trial <strong>of</strong><br />
criminal cases and due enforcement <strong>of</strong> a sentence <strong>the</strong> investigator, or <strong>the</strong> court are authorized<br />
to undertake towards <strong>the</strong> suspect or accused <strong>the</strong> following measures <strong>of</strong> procedural<br />
enforcement: recognizance to appear, bringing to court, temporary dismissal from <strong>of</strong>fice,<br />
imposing <strong>of</strong> arrest upon property.<br />
(2) In cases stipulated by this <strong>Code</strong> <strong>the</strong> investigator or court shall be authorized to undertake<br />
towards a victim, witness or o<strong>the</strong>r participants <strong>of</strong> <strong>the</strong> proceedings measures <strong>of</strong> procedural<br />
enforcement: recognizance to appear, brining to court, fine.<br />
Article 116. Recognizance to Appear<br />
(1) When <strong>the</strong>re are enough reasons to consider that <strong>the</strong> suspect, accused, as well as a witness or a<br />
victim may deviate from participation in <strong>the</strong> investigational and court proceedings or if <strong>the</strong>y<br />
actually fail to appear without valid causes, <strong>the</strong> mentioned persons my be obliged to give<br />
recognizance to appear.<br />
(2) Recognizance to appear is a written obligation <strong>of</strong> <strong>the</strong> suspect, accused, as well as a witness or<br />
a victim to appear when summoned by <strong>the</strong> investigator or court and inform about <strong>the</strong> change<br />
<strong>of</strong> <strong>the</strong>ir residence.<br />
Article 117. Bringing to Court<br />
(1) In case <strong>of</strong> a failure to appear without valid causes when summoned, <strong>the</strong> suspect, accused, as<br />
well as a witness or victim upon a motivated resolution <strong>of</strong> <strong>the</strong> investigator, judge or court<br />
ruling may be brought to court (forced bringing). The valid causes for a failure to appear<br />
shall be circumstances specified in Article 215 <strong>of</strong> this <strong>Code</strong>. Any suspect, accused, as well as<br />
a witness or a victim shall inform <strong>the</strong> summoning body about valid causes that prevent <strong>the</strong>ir<br />
appearance on <strong>the</strong> assigned time when summoned.<br />
(2) Resolution (ruling) on bringing to court shall be announced to <strong>the</strong> suspect, accused as well as<br />
a witness and a victim, <strong>the</strong>y shall sign <strong>the</strong> resolution (ruling) for certification.<br />
(3) Bringing to court at night shall be prohibited.<br />
(4) Juveniles under <strong>the</strong> age <strong>of</strong> 14 years old, pregnant women, as well as sick persons who due to<br />
<strong>the</strong> health conditions may not or shall not leave <strong>the</strong> place <strong>of</strong> <strong>the</strong>ir staying shall not be brought<br />
to court.<br />
(5) Bringing to court shall be undertaken by an agency <strong>of</strong> preliminary investigation.<br />
Article 118. Temporary Dismissal From Office