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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(2) The familiarization shall be carried out in compliance with <strong>the</strong> procedure provided by Article<br />
231 here<strong>of</strong>.<br />
Article 230. Announcement on End <strong>of</strong> Investigation and Referral <strong>of</strong> Case to Prosecutor<br />
(1) After finding that all investigation activities in case were completed, and sufficient evidence<br />
were ga<strong>the</strong>red to issue a resolution on end <strong>of</strong> investigation, <strong>the</strong> investigator must inform <strong>the</strong><br />
defendant on that, and explain <strong>the</strong> defendant his/ her right to familiarize himself/ herself with<br />
<strong>the</strong> entire case file filed, numbered, and in listed apperiance (inventarization sheets) without<br />
fail, both personally, and with <strong>the</strong> assistance <strong>of</strong> <strong>the</strong> defense counsel, and his/ her right to file<br />
motions on additional investigation, or adoption o<strong>the</strong>r decisions on <strong>the</strong> case. A record shall<br />
be made on announcement <strong>of</strong> end <strong>of</strong> investigation to <strong>the</strong> defendant, and explanation <strong>of</strong> his/<br />
her rights, in conformity with requirements <strong>of</strong> Articles 170 and 171 here<strong>of</strong>.<br />
(2) The investigator must inform <strong>the</strong> defense counsel, if such participates in <strong>the</strong> case, and <strong>the</strong><br />
defendant and his representative, civil plaintiff, civil defendant, and <strong>the</strong>ir representatives, on<br />
<strong>the</strong> end <strong>of</strong> investigation and <strong>the</strong>ir right to familiarize <strong>the</strong>mselves with <strong>the</strong> case file, and<br />
submit motions.<br />
(3) If <strong>the</strong> defense attorney, or <strong>the</strong> representative <strong>of</strong> <strong>the</strong> victim, civil plaintiff, or civil defendant,<br />
and <strong>the</strong>ir representatives are not able to appear to familiarize <strong>the</strong>mselves with <strong>the</strong> case file at<br />
<strong>the</strong> specified time, <strong>the</strong> investigator may postpone <strong>the</strong> familiarization for a period <strong>of</strong> up to five<br />
days. Should <strong>the</strong> defense counsel or representative fail to appear within this period <strong>of</strong> time,<br />
<strong>the</strong> investigator shall take measures necessary to provide appearance <strong>of</strong> o<strong>the</strong>r defense counsel<br />
or representative.<br />
(4) After familiaration <strong>of</strong> victim, civil plaintist, civil defendants and <strong>the</strong>ir representatives with<br />
case file <strong>the</strong> investigator issues a resolution on end <strong>of</strong> investigation in which he informs that<br />
all investigated activities were carried out conclusive evidences are enough to refer <strong>the</strong> case<br />
to court.<br />
(As edited by <strong>the</strong> Law <strong>of</strong> <strong>the</strong> KR dated 16 October 2002 # 141)<br />
Article 231. Familiarization <strong>of</strong> Defendant and Defense Counsel with <strong>the</strong> Entire Case File<br />
(1) Upon performance <strong>of</strong> requirements <strong>of</strong> Article 230 here<strong>of</strong>, <strong>the</strong> investigator presents to <strong>the</strong><br />
defendant and defense counsel <strong>the</strong> entire case file, which should be attached, numbered, and<br />
listed (inventarization sheets) without fail. In <strong>the</strong> case when <strong>the</strong> investigator or <strong>the</strong> <strong>of</strong>ficial<br />
conducting <strong>the</strong> investigation fails to meet <strong>the</strong>se requirements, <strong>the</strong> defence attorney and <strong>the</strong><br />
defendant have <strong>the</strong> right to refuse from familiarization with criminal case file, on which <strong>the</strong><br />
note in <strong>the</strong> protocol shall be made, and note on this in written form (letter, teletype, telegram,<br />
fax,, and etc.) to corresponding prosecutor, and also to higher prosecutor. Exhibits shall be<br />
also presented, and all sound, video tapes, and slides, if such were attached to records <strong>of</strong><br />
investigation acts may be reproduced at <strong>the</strong> request <strong>of</strong> <strong>the</strong> defendant or his/her counsel. By<br />
<strong>the</strong> request <strong>of</strong> <strong>the</strong> defendant, or defense attorney, <strong>the</strong>y may familiarize with <strong>the</strong> case file<br />
toge<strong>the</strong>r, or separately.<br />
(2) Defendant or defense attorney in <strong>the</strong> process <strong>of</strong> familiarization with <strong>the</strong> case file, if it<br />
comprises several volumes may refer to <strong>the</strong>m repeatedly, make copies, including <strong>the</strong> use <strong>of</strong><br />
technical devices. Excerpts and copies <strong>of</strong> documents from <strong>the</strong> case file, which contain <strong>the</strong>