Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
(5) If an identifying person is a witness or a victim before identification he shall be warned about<br />
<strong>the</strong> responsibility for a wave or deviation from providing testimony and providing a<br />
deliberately wrong information and entry on that shall be made in a transcript <strong>of</strong> proceedings.<br />
(6) An identifying shall be suggested to identify a person or object on which he shall provide<br />
testimony. The leading questions shall be prohibited.<br />
(7) If an identifying identified one <strong>of</strong> <strong>the</strong> brought persons or objects he shall be suggested to<br />
explain based on what specific marks and features he identified a person or an object.<br />
(8) In order to protect an identifying person identification may be enforced under conditions that<br />
exclude a visual observation <strong>of</strong> an identifying by an identified. Any identifying shall be given<br />
an opportunity <strong>of</strong> a visual observation <strong>of</strong> persons brought for identification.<br />
(9) A transcript <strong>of</strong> identification proceedings shall be compiled in accordance with all <strong>the</strong><br />
requirements <strong>of</strong> Articles 170 and 171 <strong>of</strong> this <strong>Code</strong>. The transcript shall specify <strong>the</strong><br />
conditions, course, identification results and, if possible word by word explanations provided<br />
by an identifying. If identification was enforced under conditions that exclude visual<br />
observation <strong>of</strong> an identifying by an identified that shall also be entered into a transcript <strong>of</strong><br />
proceedings.<br />
SECTION 25. EXPERT EXAMINATION ENFORCEMENT<br />
Article 199. Expert examination appointment procedure<br />
(1) Having recognized that it is necessary to enforce and expert examination <strong>the</strong> investigator<br />
shall render a resolution on that and shall specify in it: <strong>the</strong> grounds for an expert examination<br />
appointment, <strong>the</strong> family name <strong>of</strong> an expert, <strong>the</strong> name <strong>of</strong> institution where an expert<br />
examination will take place, issues that an expert has to resolve, materials provided into an<br />
expert’s disposal. Investigator’s resolution on expert examination appointment shall be<br />
binding for <strong>the</strong> execution by establishments or persons to whom it is addressed.<br />
(2) Any expert examination shall be enforced by specialists <strong>of</strong> expert agencies and o<strong>the</strong>r state<br />
and non-state establishments, companies, organizations or o<strong>the</strong>r knowledgeable persons<br />
assigned by <strong>the</strong> investigator.<br />
(3) It shall be prohibited to replace expert examination with researches undertaken not according<br />
to <strong>the</strong> established by <strong>the</strong> law procedural form. The opinions <strong>of</strong> agency inspections, audit<br />
statements, specialist’s consultations shall not exclude a necessity to enforce an expert<br />
examination.<br />
(4) Before filing a resolution with a medical expert agency <strong>the</strong> investigator shall acknowledge<br />
<strong>the</strong> suspect, accused, victim as well as a witness, a person who has to came through<br />
examination with a resolution and explain <strong>the</strong>m <strong>the</strong>ir rights, established by Article 200 <strong>of</strong> this<br />
<strong>Code</strong>. Transcript <strong>of</strong> proceedings shall be compiled on that and shall be signed by <strong>the</strong><br />
investigator and a person who was acknowledged with <strong>the</strong> resolution.<br />
(5) The resolution on appointment <strong>of</strong> a medical expert examination and an expert opinion shall<br />
not be announced to persons whose mental state makes it impossible.