Criminal Procedure Code of the Kyrgyz Republic - Legislationline

4) declare the decisions of investigator, prosecutor on the denial to institute criminal
proceedings, dismiss the criminal proceeding as illegal, and to direct the case materials to
the prosecutor for making the legal decision;
The resolution of the judge shall be the subject to immediate execution by the investigation
and prosecution agencies
(4) Any judge’s resolution passed in accordance with the rules of this Article may be reviewed in
reviewing procedure.
(As edited by the laws of KR dated 16 October 2002 # 141, 8 August 2004 #111)
Article 132-1. The Judicial Order of Considering the Complaint on Investigator’s,
Prosecutor’s Applying Taking Into Custody as a Sanction
(1) The complaint on investigator’s, prosecutor’s applying taking into custody as a sanction, or
as equal – on prolongation of terms of detaining shall be brought by the person who is
detained, his defense attorney or legal representative directly to the district (city) court at the
place of detention of person.
(2) The administration of the place of detention of a person at the time of receiving the complaint
on the arrest or a prolongation of a detention term addressed to the court, shall immediately
and, at least no later than 24 hours from the moment of its receipt send the complaint to the
corresponding court with the notification of prosecutor.
(3) The investigator and prosecutor shall within 24 hours send the complaint to the court along
with all materials, which prove the legality and validity of applying taking into custody as a
sanction or prolongation of term of detention. In the case if the complaint was brought
through the administration of place of detention, the prosecutor shall send to the court the
indicated materials within 24 hours from the moment of receiving the notification from the
administration of place of detention on the complaint that was brought by that person.
(4) Bringing a complaint right up to its solution shall not interrupt the resolution on choosing
taking into custody as sanction and shall not lead to discharge the person from detention, if
the investigator and prosecutor will not find it necessary to do.
(5) The judge shall examine the legality and validity of arrest or prolongation of term of
detention no later than 3 days (72 hours) since the day of receiving the materials, which
prove the legality and validity of taking into custody as sanction.
(6) The court examination of legality and validity of arrest or prolongation of term of detention
shall be conducted in closed session with participation pf prosecutor, defense attorney, if he
participated in the case, and also the legal representative of a person who is taken into
custody. The default without good reasons of parties, who were informed in proper time
about the day of examination of complaint, shall not be an obstacle for the court examination.
(7) The court examination of legality and validity of arrest or prolongation of term of detention
with the absence of a person who is taken into custody shall be allowed only in exceptional
case when this person is applying for examination of the complaint in his absence or
voluntarily refuses from participation in the trial.
(8) In the beginning of the trial the judge shall announce which complaint is a subject for
examination, introduce him to the persons in the court room, explain their rights and
obligations. After it the declarant, if he participates in the examination, substantiates his
complaint, and after it the other persons participating in the session are heard.
(9) As a result of court examination the judge shall make one of the following resolutions: