Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 130. General Procedure for Appeals Consideration
(1) It shall be prohibited for the appeals to be considered by the same prosecutor or judge whose
acts are appealed as well as by the official who affirmed the appealed decision.
(2) While considering an appeal, a prosecutor or judge shall thoroughly check the facts stated in
the appeal, require, if necessary, additional materials in respect of the appealed acts and
decisions.
(3) Any prosecutor or judge considering an appeal shall, within the limits of his authority,
immediately take measures to restore the violated rights and legal interests of participants of
criminal proceedings and other persons.
(4) If the Appealed wrongful acts or decisions caused some moral, physical or property damage,
the person shall be explained his right and procedure to restitute or eliminate the damage and
the procedure to exercise the right.
Article 131. Appeals against Actions and Decisions of the Investigator or Prosecutor
(1) Any appeals against actions and decisions of the investigator shall be filed with a prosecutor
reviewing the enforcement of laws in the course of the investigation or with a court. Appeals
against actions and decisions of a prosecutor shall be filed with a superior prosecutor or
court. Investigator, prosecutor who received an appeal against his own actions or decisions
shall immediately file the appeal with a superior prosecutor.
(2) Any prosecutor shall consider an appeal within 3 days from the moment of its filing. In some
exceptional cases when in order to check an appeal it is necessary to receive additional
materials or undertake other measures, it shall be permitted to consider the appeal within the
term of up to 7 days and the person who filed the appeal shall be notified about it.
(3) As a result of appeal’s consideration, a decision may be taken on the complete or partial
satisfaction, with annulment or change of the appealed decision, or denial of the appeal.
(4) Any person who filed an appeal shall be notified on the decision taken on the appeal. Any
denial of a appeal shall be motivated.
Article 132. The Court Procedure for Consideration of Appeals on Investigator’s,
Prosecutor’s Decisions
(As edited by the law of the KR dated 16 October 2002 # 141)
(1) Any person or a legal entity shall be authorized to file appeals to with the court against the
denial to institute criminal proceedings or to dismiss it, search, removing sanction.
(2) Any appeal shall be considered individually by a judge within there days from the moment of
its filing.
(3) The judge after examining the appeal shall make one of the following decisions:
1) dismiss the appeal grant, as it is ungrounded;
2) satisfy the appeal;
3) declare the investigator’s resolution on execution of search, removing, approved by
prosecutor, as illegal;