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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(1) Any investigator, judge or court shall be authorized to apportion in a separate proceeding a<br />
criminal case with regard to <strong>the</strong> accused whose place <strong>of</strong> staying is unknown or because <strong>of</strong> his<br />
serious decease.<br />
(2) Any criminal case which became known in <strong>the</strong> course <strong>of</strong> investigation crime committed by<br />
ano<strong>the</strong>r person not connected with actions <strong>the</strong> accused is charged <strong>of</strong> in <strong>the</strong> investigated case<br />
shall be apportioned into a separate proceeding. In such cases <strong>the</strong> materials necessary for<br />
additional testing, as well as for <strong>the</strong> initiation and investigation <strong>of</strong> a criminal case on <strong>the</strong><br />
became known crime may be apportioned from a criminal case.<br />
(3) In case a juvenile participated in a crime toge<strong>the</strong>r with adults, his case may be apportioned<br />
into a separate proceeding in <strong>the</strong> course <strong>of</strong> <strong>the</strong> investigation.<br />
(4) Apportionment <strong>of</strong> materials <strong>of</strong> a criminal case shall be made upon a resolution <strong>of</strong> <strong>the</strong><br />
investigator, judge, court ruling. The list <strong>of</strong> apportioned materials in originals or copies shall<br />
be enclosed to a resolution.<br />
(5) Apportionment shall be acceptable if it does not influence a thorough and objective<br />
investigation, consideration <strong>of</strong> a case being in proceeding.<br />
(6) For a criminal case apportioned to separate proceeding due to failure to establish <strong>the</strong><br />
companion in crime, <strong>the</strong> investigator, judge, shall give an order to <strong>the</strong> agency <strong>of</strong> preliminary<br />
investigation for his search.<br />
SPECIAL PART<br />
PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)<br />
SECTION 19. REASONS AND GROUNDS FOR INSTITUTION OF PROSECUTION<br />
Article 150. Reasons and Grounds for institution <strong>of</strong> Prosecution<br />
(1) There are <strong>the</strong> following reasons for institution <strong>of</strong> prosecution:<br />
1) Reports by persons;<br />
2) Reports <strong>of</strong> someone pleading guilty;<br />
3) Statement <strong>of</strong> an <strong>of</strong>ficial <strong>of</strong> an organization;<br />
4) Information in mass media;<br />
5) Preliminary investigation agency’s, investigator’s, or prosecutor’s direct discovery <strong>of</strong><br />
facts indicating to some elements <strong>of</strong> a crime.<br />
(2) Presence <strong>of</strong> sufficient facts indicating to elements <strong>of</strong> a crime shall be <strong>the</strong> grounds for<br />
prosecution initiation.<br />
Article 151. Reports by Persons<br />
(1) Reports by persons on crimes may be oral or written. Any written report shall be signed by<br />
<strong>the</strong> applicant.<br />
(2) Written reports shall be compiled into <strong>the</strong> transcript <strong>of</strong> proceedings that shall be signed by<br />
<strong>the</strong> applicant, and <strong>the</strong> <strong>of</strong>ficial who accepted <strong>the</strong> report (preliminary investigation agency,