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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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accused. If <strong>the</strong> accused or his defense attorney fails to appear a charge may be brought after<br />

<strong>the</strong> expiration <strong>of</strong> three days.<br />

(2) Any accused brought to appear shall be charged on a day <strong>of</strong> bringing.<br />

(3) Any investigator having certified a personality <strong>of</strong> <strong>the</strong> accused shall announce <strong>the</strong> accused and<br />

his defense attorney a resolution on impleading as <strong>the</strong> accused.<br />

(4) Any investigator shall explain to <strong>the</strong> accused <strong>the</strong> merits <strong>of</strong> his charge.<br />

(5) Enforcement <strong>of</strong> actions specified in items 3 and 4 <strong>of</strong> this Article shall be certified with<br />

signatures <strong>of</strong> <strong>the</strong> accused, defense attorney and <strong>the</strong> investigator put on a resolution on<br />

impleading as <strong>the</strong> accused and <strong>the</strong> date and time <strong>of</strong> bringing a charge shall also be specified<br />

on it.<br />

(6) In case <strong>the</strong> accused waves signing a resolution on impleading as <strong>the</strong> accused <strong>the</strong> investigator<br />

and a defense attorney shall certify on a resolution that <strong>the</strong> text <strong>of</strong> <strong>the</strong> resolution was<br />

announced to him.<br />

(7) Any accused shall be given a copy <strong>of</strong> <strong>the</strong> resolution on his impleading as <strong>the</strong> accused.<br />

(8) A copy <strong>of</strong> <strong>the</strong> resolution shall be filed with a prosecutor.<br />

Article 217. Explanation <strong>of</strong> rights and responsibilities to <strong>the</strong> accused in <strong>the</strong> course <strong>of</strong><br />

investigation<br />

Having acknowledged <strong>of</strong> <strong>the</strong> accused with a resolution on his impleading as <strong>the</strong> accused in an<br />

investigated case <strong>the</strong> investigator shall explain him rights and responsibilities as <strong>the</strong> accused<br />

foreseen by Article 42 <strong>of</strong> this <strong>Code</strong> and an entry on that shall be made in a resolution. The entry<br />

shall be certified with a signature <strong>of</strong> <strong>the</strong> accused as well as his defense attorney signature.<br />

Article 218. Interrogation <strong>of</strong> <strong>the</strong> accused<br />

(1) Any investigator shall interrogate <strong>the</strong> accused immediately after bringing him a charge.<br />

(2) Defense attorney <strong>of</strong> <strong>the</strong> accused shall participate in an interrogation.<br />

(3) The wave <strong>of</strong> to use a defense attorney shall not be accepted in bringing a charge or<br />

interrogation <strong>of</strong> <strong>the</strong> accused who is a minor, or a person who because <strong>of</strong> his physical or<br />

mental defects may not himself/herself enjoy his right for defense, or one who does not know<br />

<strong>the</strong> language in which <strong>the</strong> proceedings are conducted or when a person is charged in<br />

committing a crime for which a penalty is in an imprisonment for a term more than 15 years.<br />

(4) Any interrogation <strong>of</strong> <strong>the</strong> accused shall be enforced according to <strong>the</strong> rules <strong>of</strong> Articles 189-193<br />

<strong>of</strong> this <strong>Code</strong>.<br />

(5) Accused summoned for one and <strong>the</strong> same case shall be interrogated separately and <strong>the</strong><br />

investigator shall undertake measures for <strong>the</strong>m not to communicate with one ano<strong>the</strong>r.<br />

(6) At <strong>the</strong> beginning <strong>of</strong> an interrogation <strong>the</strong> investigator shall find out from <strong>the</strong> accused whe<strong>the</strong>r<br />

he pleads his guilt partially or fully or pleads not guilty with regard to a brought to him<br />

charge and a relevant entry on that shall be made in a transcript <strong>of</strong> interrogation proceedings.<br />

(7) In cases when it becomes necessary to make more precise provided earlier testimony or make<br />

additions to it on <strong>the</strong> circumstances <strong>of</strong> an investigated case a repeated (additional)<br />

interrogations <strong>of</strong> <strong>the</strong> accused may be enforced.<br />

Article 219. Transcript <strong>of</strong> interrogation proceedings <strong>of</strong> <strong>the</strong> accused

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