Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 18. Adversarial Trial
(1) Criminal proceedings shall be based on principles of adversarial trial and equality of the
parties.
(2) Prosecution, defense, and court decision of the case shall be separated from each other and
shall be executed by different agencies and officials.
(3) The prosecutor shall proof the charge brought against the defendant.
(4) The advocate shall use all means and methods provided by the law to defend the accused.
(5) The court shall not take any of the parties side and shall not express any interests other than
the interests of law.
(6) The court, insuring impartiality and objectiveness, shall make favorable conditions so that the
parties could enjoy their procedural rights and perform their duties.
(7) The parties involved in the criminal proceeding are equal in their rights. The court shall base
the procedural decision only on the evidences (proofs), that were equally accessible for
studies (examination) for both parties.
(8) During the criminal proceedings the parties shall choose their position, means and methods to
stand upon it independently from the court and other agencies and persons. At request of the
party, the court shall assist in acquiring necessary materials in accordance with procedure
provided herein.
(9) Public prosecutor and private prosecutor may choose to support the accusation or refuse from
accusation in the cases provided by the law. The defendant shall have the right to plead guilty
or not guilty. The civil claimant shall have the right to cancel the claim and choose voluntary
settlement with civil defendant. The civil defendant shall have the right to admit the claim
and conclude a voluntary settlement with the civil claimant.
Article 19. Thorough, Complete and Objective Detection of Circumstances of a Case
(1) An investigator shall take all measures provided by this Code in order to thoroughly,
completely and objectively detect circumstances and facts of the case, to find out evidence
both establishing the guilt of the suspect and accused and justifying him as well as both
aggravating and mitigating circumstances.
(2) The court, insuring impartiality and objectiveness, shall provide for the necessary conditions
for both prosecution and defense to fully realize their rights to thorough investigation on the
case. The court may decide on the case only on the basis of true evidence and facts.
(3) During investigation process and hearing of the criminal case the investigator and the court
shall be obliged to find out reasons and circumstances contributing to committing the crime.
In case there is a ground for it, the investigator shall make a resolution, the court – personal
ruling, which shall draw the attention of officials of governmental agencies and other
organizations towards the established facts of law violation for the case, reasons and
circumstances, which have contributed to committing the crime and which demand adequate
measures to be taken. A personal ruling may also be made in case the court finds out facts of
civil rights violation and other violations of law committed during investigation procedure. A
personal ruling may be made by a superior court in case it finds out facts of law violation
committed during investigation or during the trial at inferior court.