Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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1) on the cancellation of the sanction in the form of taking into custody and on discharge the person from detention; 2) on leaving the complaint without satisfaction. (10) In the case if the materials, which prove the legality and validity of applying taking into custody as a sanction or the prolongation of term of detention, were not brought into the court session, the judge shall render a resolution on cancellation of this sanction and on discharge this person from detention. (11) The resolution of the judge shall be well-grounded. (12) The judge shall be authorized at the same time with rendering a resolution on cancellation the sanction in the form of taking into custody to choose any other sanction provided by the Law. (13) The copy of the resolution of the judge shall be sent to prosecutor and declarant, and in the case of decision on discharging the person from detention – also to the place of detention for immediate execution. If the person who is taken into custody is participating in the trial, he shall be discharged from detention by the judge immediately in the court room in the mentioned case. (14) In the case of leaving the complaint without satisfaction the repeated examination of the complaint of same person on the same case in order provided by this Article shall be allowed, if the sanction in the form of taking into custody was once again chosen after its cancellation or change by investigator or prosecutor. (15) The resolution of the judge rendered according to this Article may be appealed in cassation procedure and in reviewing procedure. (As edited by the Law of KR dated 8 August 2004 #111) Article 133. Appeals (Petitions) Against the Verdict, Rulings, Judgments of the Court Appeal (petition) against the verdict, rulings and judgments of the courts of primary jurisdiction, appeal courts shall be filed in accordance with the provisions of Section 38 of this Code. Appeal (petition) for revision of judgments that took effect shall be filed in accordance with provisions of Section 42 of this Code. PART VI. OTHER PROVISIONS SECTION 16. CIVIL CLAIMS IN PROSECUTION Article 134. Civil Claims that are Considered in Criminal Proceedings (1) Civil claims of persons and legal entities on restitution of damages, caused directly by a crime or by a prohibited by the Criminal Code of the Kyrgyz Republic act of an irresponsible person shall be considered in criminal proceedings. (2) Civil claim considered within criminal proceedings, including the one separated from the criminal case for the consideration according to the civil procedure, shall be free from a state fee. (3) Jurisdiction of a civil claim connected with a criminal case shall be determined by jurisdiction of the criminal case.
(4) Proof for of a civil claim brought within the prosecution shall be made according to rules established by this Code and the Civil Procedure Code of the Kyrgyz Republic. Article 135. Filing a Civil Claim (1) Any person, who suffered from damages in the result of a crime or of a prohibited by the Criminal Code of the Kyrgyz Republic act of an irresponsible person, or his representative shall be authorized to file a civil claim from the moment of initiation of the prosecution but before the beginning of court proceedings. (2) Civil claim may be filed both in written and oral forms. Oral claim shall be compiled into transcript of proceedings of the court. (3) Any person who failed to file a civil claim within the prosecution, as well as a person whose civil claim was left without consideration shall be authorized to file it according to the civil. (4) Any prosecutor shall be authorized to file a civil claim within the prosecution in cases when it is dictated by the protection of rights of persons, the state and public interests. Article 136. Recognizance as a Civil Plaintiff (1) If from the materials of a criminal case it becomes clear that a crime or a prohibited by the Criminal Code of the Kyrgyz Republic act of the irresponsible person caused some damages to a person or a legal entity, the investigator, judge, or court shall explain them or their representatives the right to file a civil claim. (2) Any person or a legal entity filing a civil claim shall be recognized as a civil plaintiff. Any person who filed a claim or his representative shall be announced a resolution (ruling) on his recognizance as a civil plaintiff and explained his rights stipulated by Article 53 of this Code. Article 137. Denial to Recognize as a Civil Plaintiff When there are no grounds stipulated by Article 135 of this Code for filing a civil claim, the person or the legal entity who filed the claim may be denied in their recognizance as civil plaintiffs and a motivated resolution or ruling on that shall be rendered and the right to appeal shall be explained. Article 138. Summoning as a Civil Defendant When determined that the person liable for damages caused by the crime or by a prohibited by the Criminal Code of the Kyrgyz Republic act of irresponsible person, and when a civil claim was filed in the course of prosecution, the investigator or court shall proceed against such person as a civil defendant according to the procedure established by Article 55 of this Code. Any civil defendant or his representative shall be announced a resolution (ruling) on proceedings against him as a civil defendant and explained the rights stipulated by Article 56 of this Code. Article 139. Enforcement of Rules on the Grounds, Conditions, Volume and the Way of Damage Restitution
Page 1 and 2: THE KYRGYZ REPUBLIC CRIMINAL PROCED
Page 3 and 4: Major terms: “Court”— a tribu
Page 5 and 6: “Dwelling house” - premises or
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: 4) declare the decisions of investi
Page 53 and 54: (5) When a case is dismissed on the
Page 55 and 56: Article 147. Collection of Procedur
Page 57 and 58: investigator or prosecutor). The re
Page 59 and 60: Article 159. Institution of Prosecu
Page 61 and 62: distraint or arrest, or subject to
Page 63 and 64: (As edited by the Law of the KR dat
Page 65 and 66: investigator shall invite a third p
Page 67 and 68: (11) In the course of a dwelling ho
Page 69 and 70: investigatory actions. In necessary
Page 71 and 72: Article 186. Transcript of search o
Page 73 and 74: (3) The persons specified in item 1
Page 75 and 76: made by an interrogated also on a v
Page 77 and 78: (5) If an identifying person is a w
Page 79 and 80: (1) If an expert examination is enf
Page 81 and 82: the asked questions he shall compil
Page 83 and 84: accused. If the accused or his defe
Page 85 and 86: undertake measures for a person dis
Page 87 and 88: (2) The familiarization shall be ca
Page 89 and 90: (6) Dismissal of the motion may be
Page 91 and 92: (2) Garrison Military Courts have t
Page 93 and 94: (2) The judge may issue a resolutio
Page 95 and 96: (1) The court must ensure a public
Page 97 and 98: (2) Should the defense counsel fail
Page 99 and 100: (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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