19.07.2013 Views

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(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>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!