Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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Any investigator shall compile a transcript of proceedings on each interrogation of the accused in accordance with the requirements of Article 195 of this Code. Article 220. Charge change and amendment. Partial dismissal of a case 1) If in the course of investigation some grounds appear for a change or an amendment of a charge of the accused in accordance with the requirements of Article 214 of this Code the investigator shall render a new resolution on impleading as the accused and submit it to the accused according to the procedure established by Articles 216 and 217 of this Code. 2) If in the course of investigation some part of the charge of the accused was not confirmed the investigator shall terminate this part of criminal case with his resolution and announce to the accused. SECTION 27. INTERRUPTION AND REINSTITUTION OF INVESTIGATION Article 221. Grounds order and terms of investigation interruption. (1) Any investigation shall be interrupted because of one of the following grounds prohibiting its continuation and completion: 1) in case when the place of staying of the accused has not been substantiated; 2) in case of a derangement or another serious disease of the accused certified by a doctor working in a state medical agency; 3) because of a failure to determine a person subjected to be summoned as the accused; 4) when place of staying of the accused is known but there is no real possibility of the accused participation in the case connected with the accused immunity depriving or his extradition by a foreign state. (2) Any investigator shall render a motivated resolution on interruption of an investigation a copy of which shall be filed with a prosecutor. (3) If two or several persons were impleaded as accused and the grounds for interruption do not relate to all of them, the investigator shall be authorized to apportion into a separate proceedings and interrupt proceedings for some of the accused or interrupt all proceedings if an investigation may not be continued without the participation of all the accused. (4) In cases foreseen in items 1 and 3 of this Article an investigation may be interrupted only on expiration of the time limit of its proceedings; and in cases foreseen by item 2 of this Article it may be interrupted even before the completion of an investigation time limit. (5) After interruption of an investigation the investigator shall enforce all investigatory actions that may be enforced when the accused is absent and undertake all measures for a discovery and determination of a person who committed a crime. Article 222. Investigator’s actions after interruption of an investigation (1) After an investigation interruption in a case foreseen by subitem 3 item 1 of Article 221 of this Code the investigator himself or with special subdivision of investigatory agencies shall
undertake measures for a person discovery liable to institute criminal proceedings and in case of necessity can enforce investigation; (2) Having interrupted an investigation the investigator shall in a written form notify on that a victim, his representative, civil plaintiff and defendant or their representatives and at the same time explain to them that a resolution on an interruption of a preliminary investigation may be appealed with a prosecutor within 5 days. In case of an investigation interruption because of the grounds foreseen by subitem 2 item 1 Article 221 of this Code the accused and his defense attorney shall be notified. Section 223 Search of the accused (1) When a place of staying of the accused is not known the investigator shall be authorized to give a commission to inquiry bodies to enforce search. This commission shall be specified in a resolution on interruption of an investigation or a separate resolution shall be rendered. (2) The search of the accused may be announced both in the course of investigation and at its interruption. (3) When there are grounds specified in Article 102 of this Code a sanction may be imposed on a searched accused. Article 224. Reinstitution of an interrupted investigation (1) Any interrupted investigation may be reinstituted upon a motivated resolution of the investigator after there are no grounds to interrupt it any longer. (2) Any interrupted investigation may be reinstituted also upon a motivated resolution of a prosecutor in connection with the cancellation of the investigator’ resolution on suspension. (3) Any investigator shall notify the accused and his defense attorney as well as a victim, his representative, civil plaintiff and defendant or their representatives on the reinstitution of an investigation. SECTION 28. DISMISSAL OF A CASE Article 225. Grounds for dismissal of criminal case (1) Any criminal case shall be dismissed by the investigator: 1) if there are the grounds specified in Article 28 of this Code. 2) in the absence of sufficient evidence pointing to committing of a crime by the accused or if there are no possibilities left for collecting additional evidence; (2) In case of a case dismissal on the grounds specified in Article 28 of this Code the investigator shall undertake all the foreseen by the law measures for a rehabilitation of a person and redress of a material damage caused to him as a result of illegal detention or an arrest.
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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
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the victim, civil plaintiff, civil
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(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 and 80: (1) If an expert examination is enf
Page 81 and 82: the asked questions he shall compil
Page 83: accused. If the accused or his defe
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
Page 131 and 132: issue related to the execution of t
Page 133 and 134: 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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