Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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The representatives of legal entities, political parties, professional unions, remedial and other public associations may be admitted as public representatives of an accused. “Relatives” – persons related to each other, having common ancestors, spouses and parents of a spouse. “Close relatives”—parents, spouse, children, parents by adoption, adopted children, own brothers and sisters, grandfathers, grandmothers, grandchildren. “Criminal case” – individual proceeding conducted by investigating agency and court on one or several crimes committed (supposedly committed). “Case procedure” – body of proceedings and decisions, taken on concrete criminal case in the course of its initiation, investigation, hearing and serving of a sentence (service). “Case materials” – documents and items, being constituent part of the case or presented to be included in it; messages, documents and items, which may help in establishing circumstances of the case. “Proceedings” – actions, undertaken in the course of criminal procedure as provided by this Code; “Transcript of proceedings”—procedural document describing each proceeding taken by the agency conducting the criminal procedure. “Procedural decisions” – formal documents of application of procedural criminal law, made by agencies conducting criminal procedure, within the limits of their competence, and verdicts, resolutions, conclusions, petitions, sanctions presented in the form provided by this Code. “Resolution”—decision of an investigator, prosecutor, personal decision of a judge other than a verdict, made in the course of criminal proceedings on a case; decision of the Supreme Court of the Kyrgyz Republic. “Personal ruling”— decision made by a court which brings violations of laws, reasons and circumstances assisting the commission of crimes to the attention of state agencies and demands certain measures to be taken. “Verdict”—decision of a court of primary jurisdiction, appellate jurisdiction rendered during the trial on a criminal case which determines whether the defendant is guilty and, if so, establishes the penalty, or not guilty. “Ruling”—any decision other than verdict made at the trial by appellate instance of a court. “Sanction (Warrant)” – document of prosecutor’s approval of procedural decision, made by the agency of investigation. “Explanation” – verbal or written arguments brought forward by participants of the procedure and applicants to justify one’s claim, or the claim of a person one presents. “Appeal” – petition of an accused, justified, defender, victim and his representative, civil claimant and civil defendant or their representatives against the court decisions. “Petition”—petition of a prosecutor against decisions of a court. “Personal complaint”—petition file by one of participants of the proceedings, except prosecutor, against the resolution of the judge. “Personal petition”—petition of a prosecutor against the resolution of a judge. “Motion” – request of a party or the applicant, towards the agency, which conducts the criminal proceedings. “Scientific and technological facilities” – devices, special facilities, materials legally used to discover, withdraw, and investigate identifying evidences.
“Dwelling house” – premises or building for temporary or permanent residence of one or more persons, including: own or leased apartment, house, cottage, hotel room; verandahs, terraces, galleries, balconies, cellars and attics attached to them, except for apartment house. “Night time”—from 10 P.M. till 6 A.M. local time. “Damage” – moral, physical or property damage subject to money compensation. (As edited by the Law of the KR dated 13 March 2003, #61, 11 June 2003, #98, 8 August 2004 #111) CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE Article 6. Legality During Criminal Proceedings (1) During criminal proceedings, an investigator, court, prosecutor, and other persons participating in criminal proceedings shall strictly observe provisions of the Constitution of the Kyrgyz Republic, of this Code, other laws issued under the Constitution of the Kyrgyz Republic, and other legal regulations, conformable with laws, common principles and provisions of jus gentium, international treaties of the Kyrgyz Republic. (2) No one can be put on trial as suspect or accused, arrested, imprisoned, committed, searched, brought to court, or imposed to any other measures of procedural compulsion, or be condemned, punished or in any way limited in his rights other than in the way and order provided by law. (3) In administration of justice one shall not use evidences that have been acquired with violation of the procedural criminal law. Article 7. Administration of Justice Only by Courts (1) In the Kyrgyz Republic only the court shall administer justice on criminal cases. (2) No one shall be found guilty of having committed a crime, no criminal penalty shall be imposed unless there is such verdict of the court. (3) Competence of court, limits of its jurisdiction, the order of criminal proceedings in court shall be as provided by law and shall not be changed arbitrarily. Foundation of extreme and special courts for criminal cases trial is prohibited. Verdicts and other decisions by extreme courts and other illegally founded courts shall have no legal effect and shall not be served. (4) Verdict and other decisions of a court administrating justice on the case beyond its jurisdiction, or in any other way violating principles of criminal proceedings provided by this Code, shall be illegal. (5) Verdict and other decisions of a court on a criminal case may be checked and reviewed only by proper courts in the procedure, provided herein. Article 8. Participation of the Prosecutor in Criminal Proceedings (1) Exact and uniform observance of legislative acts by field-research and investigating agencies shall be supervised by the Office of Public Prosecutor of the Kyrgyz Republic within its authority. (2) The Office of Public Prosecutor shall execute criminal prosecution and participate in hearing in cases and in the order provided by this Code.
Page 1 and 2: THE KYRGYZ REPUBLIC CRIMINAL PROCED
Page 3: Major terms: “Court”— a tribu
Page 7 and 8: Article 13. Inviolability of Dwelli
Page 9 and 10: Article 20. Guaranteeing the Suspec
Page 11 and 12: (1) Prosecution shall not be instit
Page 13 and 14: 3) apply compulsory medical treatme
Page 15 and 16: (4) In the event of disagreement of
Page 17 and 18: CHAPTER 6. PARTICIPANTS OF CRIMINAL
Page 19 and 20: (4) The defendant shall: 1) obey th
Page 21 and 22: (3) Waiver of the counsel by the su
Page 23 and 24: 1) appear if summoned by the invest
Page 25 and 26: 1) know about a type of the charge
Page 27 and 28: 7) be reimbursed for his expenses i
Page 29 and 30: the victim, civil plaintiff, civil
Page 31 and 32: (2) Recusal of a judge shall be dec
Page 33 and 34: 3) in the event he is a judge, pros
Page 35 and 36: (1) Exhibits shall be described in
Page 37 and 38: entitled to provide written and spo
Page 39 and 40: 1) recognizance not to leave the pl
Page 41 and 42: (4) The persons supervising a juven
Page 43 and 44: no grounds to change or reverse the
Page 45 and 46: (1) The investigator with a consent
Page 47 and 48: (2) Investigator, prosecutor, or a
Page 49 and 50: 4) declare the decisions of investi
Page 51 and 52: (4) Proof for of a civil claim brou
Page 53 and 54: (5) When a case is dismissed on the
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Article 147. Collection of Procedur
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investigator or prosecutor). The re
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Article 159. Institution of Prosecu
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distraint or arrest, or subject to
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(As edited by the Law of the KR dat
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investigator shall invite a third p
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(11) In the course of a dwelling ho
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investigatory actions. In necessary
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Article 186. Transcript of search o
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(3) The persons specified in item 1
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made by an interrogated also on a v
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(5) If an identifying person is a w
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(1) If an expert examination is enf
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the asked questions he shall compil
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accused. If the accused or his defe
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undertake measures for a person dis
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(2) The familiarization shall be ca
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(6) Dismissal of the motion may be
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(2) Garrison Military Courts have t
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(2) The judge may issue a resolutio
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(1) The court must ensure a public
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(2) Should the defense counsel fail
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(1) Since the moment of admission o
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(4) The record must be prepared and
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The presiding judge shall explain t
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Article 290. Interrogation of Victi
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competence of the expert, and also
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Article 305. Essence and Procedure
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3) whether this act is a crime and
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Should the verdict be amended, such
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(1) After signing the verdict, the
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(1) The session of the court by the
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(3) The appellate procedure applies
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4) arguments of a person filed a co
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in the complaint (petition) are fou
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Article 353. Disparity in Sentencin
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(3) Bodies executing a verdict shal
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(4) Releasing on parole, the court
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issue related to the execution of t
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in it. The presiding judge shall be
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1) appeal of convicted, his legal r
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(2) The resolution (ruling) of the
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(2) Presidium, Panel of Judges on c
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this Code, the prosecutor shall res
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(2) During interrogation of the min
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Article 401. Release of the Minor f
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8) to participate, upon the permiss
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4) if this person has got a mental
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shall be redressed by the state in
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Article 423. Restoration of Other R
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Article 430. Implementation of Requ
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Article 436. Transfer of Articles (
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(4) The decision of the court shall
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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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