19.07.2013 Views

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(3) The persons specified in item 1 <strong>of</strong> this Article shall appear for interrogation. If <strong>the</strong>y fail to<br />

appear without valid causes <strong>the</strong>y may be applied procedural enforcement measures to,<br />

stipulated by Articles 120,121 <strong>of</strong> this <strong>Code</strong>.<br />

(4) Persons taken into custody shall be summoned for interrogation through an administration <strong>of</strong><br />

his place <strong>of</strong> custody.<br />

(5) Summoning <strong>of</strong> a person as a witness or a victim when such person has not reached 16 years<br />

old shall be enforced through his parents or o<strong>the</strong>r legal representative. Ano<strong>the</strong>r procedure<br />

shall be accepted only if that is dictated by <strong>the</strong> circumstances <strong>of</strong> a case.<br />

Article 191. General interrogation rules<br />

(1) Before interrogation <strong>the</strong> investigator shall check an information on a personality <strong>of</strong> an<br />

interrogated. If he has any doubts whe<strong>the</strong>r an interrogated knows <strong>the</strong> language <strong>of</strong> <strong>the</strong><br />

proceedings he has to find out what language an interrogated would like to give testimony.<br />

(2) Any person summoned for interrogation shall be informed in what capacity and on what<br />

criminal case he will be interrogated, he shall be explained <strong>the</strong> rights and responsibilities<br />

provided by this <strong>Code</strong> and an entry on that shall be made in a transcript <strong>of</strong> proceedings. Any<br />

person who is summoned for interrogation as a witness or a victim shall be warned about a<br />

criminal responsibility for <strong>the</strong> wave or deviation from giving testimony as well as for<br />

providing a deliberately wrong testimony.<br />

(3) Any interrogation shall start with a suggestion to tell about <strong>the</strong> known to a person<br />

circumstances <strong>of</strong> an event. If an interrogated talks about circumstances nor related to <strong>the</strong> case<br />

he shall be informed on that.<br />

(4) After a completion <strong>of</strong> a free story an interrogated may be asked questions aimed at making a<br />

testimony more precise and obtaining some additional information. It shall be prohibited to<br />

ask leading questions.<br />

(5) If a testimony is connected with some figures or o<strong>the</strong>r information that is difficult to keep in<br />

a memory an interrogated shall be authorized to use documents or records that on <strong>the</strong><br />

investigator’s initiative or with a consent <strong>of</strong> an interrogated or on a motion <strong>of</strong> an interrogated<br />

may be enclosed to a transcript <strong>of</strong> proceedings.<br />

(6) In <strong>the</strong> course <strong>of</strong> interrogation an interrogator may submit exhibits or documents to an<br />

interrogated and after a completion <strong>of</strong> a free story he may announce a testimony kept in <strong>the</strong><br />

materials <strong>of</strong> a criminal case, play audio, video tapes.<br />

(7) If an interrogation is interrupted a transcript shall specify a reason for an interruption that<br />

shall be certified with signatures <strong>of</strong> an interrogated, present at that persons and an<br />

interrogator.<br />

Article 192. Witness and victim interrogation procedure<br />

(1) Any witness and victim summoned for one and <strong>the</strong> same case shall be interrogated separately<br />

and in <strong>the</strong> absence <strong>of</strong> o<strong>the</strong>r witnesses and victims. Any investigator shall undertake measures<br />

for witnesses and victims <strong>of</strong> one and <strong>the</strong> same case not to communicate with one o<strong>the</strong>r.<br />

(2) Before interrogation <strong>the</strong> investigator shall specify a personality <strong>of</strong> a witness or victim, find<br />

out his relation to <strong>the</strong> accused or suspect, explain <strong>the</strong>m <strong>the</strong> procedural rights and<br />

responsibilities, warn about criminal responsibility for wave or deviation to provide<br />

testimony, for providing a deliberately wrong information. And interrogator shall explain that

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!