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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Article 147. Collection <strong>of</strong> Procedural Costs<br />
(1) Procedural costs shall be collected from <strong>the</strong> convicted or paid at <strong>the</strong> expense <strong>of</strong> <strong>the</strong> state.<br />
(2) The court shall be authorized to collect procedural costs from <strong>the</strong> convicted except for <strong>the</strong><br />
amounts paid to <strong>the</strong> interpreter as well as to <strong>the</strong> defense attorney in <strong>the</strong> case stipulated by<br />
item 5 <strong>of</strong> this Article. Procedural costs may be imposed on <strong>the</strong> convicted released from<br />
punishment as well as on <strong>the</strong> convicted without a punishment.<br />
(3) Procedural costs, connected with interpreter’s participation in proceedings shall be paid at <strong>the</strong><br />
expense <strong>of</strong> <strong>the</strong> state. If <strong>the</strong> interpreter executed his <strong>of</strong>ficial duties, he shall be paid by <strong>the</strong> state<br />
through <strong>the</strong> organization where he works.<br />
(4) If <strong>the</strong> suspect or accused waived <strong>the</strong>ir right to defense attorney but <strong>the</strong> waive was not<br />
accepted and <strong>the</strong> defense attorney participated in proceedings upon assignment, <strong>the</strong> payment<br />
to <strong>the</strong> defense attorney aid shall be made at <strong>the</strong> expense <strong>of</strong> <strong>the</strong> state.<br />
(5) In case <strong>the</strong> accused was found non-guilty or in case <strong>of</strong> <strong>the</strong> dismissal <strong>of</strong> a case in accordance<br />
with subitems 1 and 2 item 1 <strong>of</strong> Article 28 and subitem 2 item 1 Article 225 and 316 <strong>of</strong> this<br />
<strong>Code</strong> procedural costs shall be paid at <strong>the</strong> expense <strong>of</strong> <strong>the</strong> state. If <strong>the</strong> accused was found nonguilty<br />
only in part <strong>the</strong> court shall oblige him to cover procedural expenses connected with <strong>the</strong><br />
charge upon which, he was found guilty.<br />
(6) Procedural expenses shall be paid at <strong>the</strong> expense <strong>of</strong> <strong>the</strong> state in case <strong>of</strong> <strong>the</strong> bankruptcy <strong>of</strong> <strong>the</strong><br />
person on whom <strong>the</strong>y have to be imposed.<br />
(7) When several accused were found guilty in a case, <strong>the</strong> court shall determine what amount <strong>of</strong><br />
procedural expenses shall be imposed on each <strong>of</strong> <strong>the</strong>m. The court shall take into account <strong>the</strong><br />
nature <strong>of</strong> <strong>the</strong> fault, <strong>the</strong> level <strong>of</strong> responsibility for <strong>the</strong> crime, and property situation <strong>of</strong> <strong>the</strong><br />
accused.<br />
(8) In cases connected with crimes committed by juveniles <strong>the</strong> court may impose procedural<br />
costs on parents <strong>of</strong> <strong>the</strong> juvenile or on persons replacing <strong>the</strong>m.<br />
(9) When <strong>the</strong> accused is found not guilty in a personal charge, <strong>the</strong> court shall be authorized to<br />
impose procedural costs completely or partially on <strong>the</strong> person who initiated <strong>the</strong> criminal<br />
proceedings. When a case is dismissed because <strong>of</strong> reconciliation <strong>of</strong> <strong>the</strong> parties, procedural<br />
costs shall be imposed on one or both parties.<br />
SECTION 18. JOINING AND APPORTIONMENT OF CRIMINAL CASES<br />
Article 148. Joining <strong>of</strong> <strong>Criminal</strong> Cases<br />
(1) In one proceedings <strong>the</strong>re may be joined cases on charging several persons in committing one<br />
or several crimes, cases on charging on person in committing several crimes, as well as cases<br />
on charging for concealment <strong>the</strong> same crimes not promised in advance.<br />
(2) Joining <strong>of</strong> cases shall be made upon a resolution <strong>of</strong> <strong>the</strong> investigator, judge as well as a ruling<br />
<strong>of</strong> <strong>the</strong> court in whose jurisdiction one <strong>of</strong> <strong>the</strong> cases is.<br />
(3) The time limit <strong>of</strong> proceedings for a case in which several cases are joined shall be calculated<br />
starting from <strong>the</strong> day <strong>of</strong> initiation <strong>of</strong> proceedings <strong>of</strong> a case that timely was initiated first.<br />
(As edited by <strong>the</strong> Law <strong>of</strong> KR dated 8 August 2004 #111)<br />
Article 149. Apportionment <strong>of</strong> criminal cases