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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Article 214. Resolution on impleading as <strong>the</strong> accused<br />
(1) Any resolution on impleading as <strong>the</strong> accused shall specify:<br />
1) <strong>the</strong> time and place <strong>of</strong> its compiling, who compiled it, a full name <strong>of</strong> a person impleaded<br />
as <strong>the</strong> accused, <strong>the</strong> date, month, year and a place <strong>of</strong> his birth;<br />
2) description <strong>of</strong> <strong>the</strong> accused’s incriminated crime and specification <strong>of</strong> <strong>the</strong> time, place <strong>of</strong> its<br />
commitment and o<strong>the</strong>r circumstances that are to be proved in accordance with Article 82<br />
<strong>of</strong> this <strong>Code</strong>;<br />
3) <strong>Criminal</strong> law (article, part, item) that foresees responsibility for <strong>the</strong> crime;<br />
(2) When a person is charged with several crimes that are punished in accordance with different<br />
articles <strong>of</strong> <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong> a resolution on impleading as <strong>the</strong> accused shall specify what<br />
concrete actions <strong>the</strong> accused is charged in for each article <strong>of</strong> <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong>.<br />
(3) Any resolution shall contain a decision on impleading a person as <strong>the</strong> accused in an<br />
investigated case.<br />
Article 215. Accused’s obligation to appear<br />
(1) Any accused who is not in custody shall be summoned for an interrogation with a subpoena.<br />
It may be done through a phone message or a telegram.<br />
(2) Any subpoena shall specify who is summoned in <strong>the</strong> capacity <strong>of</strong> <strong>the</strong> accused, where, day and<br />
hour <strong>of</strong> <strong>the</strong> appearance and <strong>the</strong> consequences if someone fails to appear.<br />
(3) Any subpoena shall be given to <strong>the</strong> accused and he has to give a receipt on that. In case he is<br />
temporary absent a subpoena may be given to a full aged member <strong>of</strong> his family or a<br />
representative <strong>of</strong> administration <strong>of</strong> his work or study or a local administration body<br />
representative for <strong>the</strong>m to transfer it to <strong>the</strong> accused.<br />
(4) Any accused who is not in custody shall appear on <strong>the</strong> appointed time being summoned by<br />
<strong>the</strong> investigator.<br />
(5) The valid causes for a failure not to appear when summoned shall be as follows:<br />
1) disease, that makes it impossible for <strong>the</strong> accused to appear;<br />
2) death <strong>of</strong> close relatives;<br />
3) acts <strong>of</strong> god;<br />
4) unreceipt <strong>of</strong> a subpoena;<br />
5) o<strong>the</strong>r circumstances that deprived <strong>the</strong> accused <strong>of</strong> a possibility to appear on <strong>the</strong> appointed<br />
time.<br />
(6) Any accused shall be obliged to acknowledge <strong>the</strong> investigator about <strong>the</strong> reasons <strong>of</strong> a failure<br />
to appear.<br />
(7) If <strong>the</strong> accused fails to appear without valid causes he may be brought to appear.<br />
(8) Any accused who is in custody shall be summoned through <strong>the</strong> administration <strong>of</strong> his custody<br />
place.<br />
Article 216. Bringing <strong>of</strong> a charge<br />
(1) Any charge shall be brought in <strong>the</strong> presence <strong>of</strong> a defense attorney if a participation <strong>of</strong> a<br />
defense attorney is binding according to <strong>the</strong> law or if <strong>the</strong> accused filed a motion on that but<br />
not later than within 3 days from rendering <strong>of</strong> a resolution on impleading a person as <strong>the</strong>