Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(1) In order to undertake a comparative research the investigator shall be authorized to receive samples of handwriting and other samples necessary from the suspect or the accused. (2) Any investigator shall be also authorized to receive samples of handwriting and other samples for a comparative research from a witness or victim but only with their consent and in cases when it is necessary to check whether they left prints in a place of event or on exhibits. (3) It shall be prohibited in receiving samples for a comparative research to use methods that are dangerous for the life and health of a person or humiliate his dignity. (4) Any investigator shall render a resolution on receiving of samples for a comparative research of alive persons. In necessary cases the receiving of samples shall be made with a participation of specialists and a transcript on proceedings shall be compiled on that in accordance with the requirements established by Articles 170 and 171 of this Code. (5) If receiving of samples is a part of an expert’s research it shall be made by an expert. In this case an expert shall reveal an information on the action in his opinion. Article 208. Placing into a medical agency in order to enforce an expert examination (1) If in the course of an appointment or enforcement of a medical or legal medical expert examination there appeared a necessity to enforce a review over the suspect or the accused under the conditions of a state hospital he may be placed into a hospital and that shall be specified in a resolution on expert examination appointment. (2) If an issue on a necessity to appoint a medical or medical expert examination and placing of the accused into hospital appeared in the course of a trial the decision on that shall be taken by court on the motion of the parties or its own initiative and a ruling (resolution) on that shall be rendered. (3) In placing of the suspect to a hospital in order to enforce medical expert examination the time limit within which he has to be charged shall be interrupted until the receipt an opinion of doctors- psychiatrist on a mental state of the suspect. Article 209. The content of an expert’s opinion, information on impossibility to provide an opinion (1) Having made a research with regard to its results an expert or experts in their name shall compile an opinion that shall specify when, who , whom (full name, education, profile, labor experience, scientific degree, position) and on what grounds made an expert examination; the remark certified with an expert’s signature that he was warned about a criminal responsibility for a wave of or deviation from providing an opinion, who was present at an expert examination enforcement and what explanations were provided, what materials an expert used and what research made, questions asked to an expert and his motivated answers. If in the course of expert examination enforcement an expert substantiates the circumstances that are important for a case with regard to which he was asked questions he shall be authorized to specify them in his opinion. (2) If an expert finds out that the asked questions are beyond the limits of his special knowledge or submitted to him materials may not be used or are insufficient for providing of an opinion and may not be executed or the state of scientific and expert practice does not let him answer
the asked questions he shall compile a motivated information on impossibility to provide an opinion and shall file it with a body or person who assigned an expert examination. Article 210. Expert interrogation (1) Any investigator shall be authorized to interrogate an expert in order for him to explain the provided by him opinion. Any expert may himself provide his explanations. The transcript of his interrogation shall be compiled in accordance with the rules established by Articles 170 and 195 of this Code. (2) Expert’s interrogation before providing of his opinion shall be prohibited. Article 211. Expert examination opinion submittance to the suspect, accused, victim and witness (1) Expert examination opinion or his announcement on impossibility to provide an opinion, as well as a transcript of an expert’s interrogation proceedings before a completion of a prosecution shall be submitted to the suspect, accused, victim as well as a witness who was examined who shall be authorized to provide their explanations and state their objections on expert examination opinion. In case such a motion is redressed or waved the investigator shall render a relevant resolution that shall be announced to a person who filed a motion and a receipt on that shall be taken from him. (2) The transcript of proceedings shall be compiled on acknowledgment with an expert examination opinion and a transcript of his interrogation proceedings that shall reveal the stated statements or objections (3) The rules of this Article shall be also applicable in cases when an expert examination was enforced before the attraction of a person as the accused or his recognizance as the suspect or a victim. Article 212. Additional and repeated expert examination (1) When an expert opinion is not detailed or complete or there appeared new issues on the earlier researched circumstances an additional expert examination may be appointed assigned to be enforced by the same or another expert. (2) In case there appeared some doubts in the correctness of an expert opinion a repeated expert examination may be appointed assigned to be enforced by another expert or experts. (3) Additional and repeated expert examinations shall be appointed and enforced in accordance with the requirements of Articles 199, 202, 206, 209 of this Code. SECTION 26. IMPLEADING AS THE ACCUSED. BRINGING OF A CHARGE Article 213. Impleading as the accused When there is enough evidence pointing at committing of a crime by a definite person the investigator shall render a motivated resolution on the person’s impleading as the accused.
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THE KYRGYZ REPUBLIC CRIMINAL PROCED
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Major terms: “Court”— a tribu
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“Dwelling house” - premises or
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Article 13. Inviolability of Dwelli
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Article 20. Guaranteeing the Suspec
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(1) Prosecution shall not be instit
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3) apply compulsory medical treatme
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(4) In the event of disagreement of
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CHAPTER 6. PARTICIPANTS OF CRIMINAL
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(4) The defendant shall: 1) obey th
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(3) Waiver of the counsel by the su
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1) appear if summoned by the invest
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1) know about a type of the charge
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7) be reimbursed for his expenses i
Page 29 and 30: the victim, civil plaintiff, civil
Page 31 and 32: (2) Recusal of a judge shall be dec
Page 33 and 34: 3) in the event he is a judge, pros
Page 35 and 36: (1) Exhibits shall be described in
Page 37 and 38: entitled to provide written and spo
Page 39 and 40: 1) recognizance not to leave the pl
Page 41 and 42: (4) The persons supervising a juven
Page 43 and 44: no grounds to change or reverse the
Page 45 and 46: (1) The investigator with a consent
Page 47 and 48: (2) Investigator, prosecutor, or a
Page 49 and 50: 4) declare the decisions of investi
Page 51 and 52: (4) Proof for of a civil claim brou
Page 53 and 54: (5) When a case is dismissed on the
Page 55 and 56: Article 147. Collection of Procedur
Page 57 and 58: investigator or prosecutor). The re
Page 59 and 60: Article 159. Institution of Prosecu
Page 61 and 62: distraint or arrest, or subject to
Page 63 and 64: (As edited by the Law of the KR dat
Page 65 and 66: investigator shall invite a third p
Page 67 and 68: (11) In the course of a dwelling ho
Page 69 and 70: investigatory actions. In necessary
Page 71 and 72: Article 186. Transcript of search o
Page 73 and 74: (3) The persons specified in item 1
Page 75 and 76: made by an interrogated also on a v
Page 77 and 78: (5) If an identifying person is a w
Page 79: (1) If an expert examination is enf
Page 83 and 84: accused. If the accused or his defe
Page 85 and 86: undertake measures for a person dis
Page 87 and 88: (2) The familiarization shall be ca
Page 89 and 90: (6) Dismissal of the motion may be
Page 91 and 92: (2) Garrison Military Courts have t
Page 93 and 94: (2) The judge may issue a resolutio
Page 95 and 96: (1) The court must ensure a public
Page 97 and 98: (2) Should the defense counsel fail
Page 99 and 100: (1) Since the moment of admission o
Page 101 and 102: (4) The record must be prepared and
Page 103 and 104: The presiding judge shall explain t
Page 105 and 106: Article 290. Interrogation of Victi
Page 107 and 108: competence of the expert, and also
Page 109 and 110: Article 305. Essence and Procedure
Page 111 and 112: 3) whether this act is a crime and
Page 113 and 114: Should the verdict be amended, such
Page 115 and 116: (1) After signing the verdict, the
Page 117 and 118: (1) The session of the court by the
Page 119 and 120: (3) The appellate procedure applies
Page 121 and 122: 4) arguments of a person filed a co
Page 123 and 124: in the complaint (petition) are fou
Page 125 and 126: Article 353. Disparity in Sentencin
Page 127 and 128: (3) Bodies executing a verdict shal
Page 129 and 130: (4) Releasing on parole, the court
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issue related to the execution of t
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in it. The presiding judge shall be
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1) appeal of convicted, his legal r
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(2) The resolution (ruling) of the
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(2) Presidium, Panel of Judges on c
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this Code, the prosecutor shall res
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(2) During interrogation of the min
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Article 401. Release of the Minor f
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8) to participate, upon the permiss
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4) if this person has got a mental
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shall be redressed by the state in
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Article 423. Restoration of Other R
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Article 430. Implementation of Requ
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Article 436. Transfer of Articles (
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(4) The decision of the court shall
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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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