Criminal Procedure Code of the Kyrgyz Republic - Legislationline

data comprising state, commercial or other secret protected by law, shall be stored in the case
file and handed to the defendant and defense counsel during the trial, except data on
individuals whose protection needs to be ensured.
(3) After the familiarization by the defendant and the defense counsel with the case file, the
investigator must clarify whether they want to file any motions, in which respect, and
whether they wish to make any other statements. It should be established, whom of the
interrogated witnesses and participating experts, specialists, attesting witnesses they wish to
summon to court, for interrogation and support of the position of the defense.
(4) No time limitations may be established for familiarization of the defendant and the defense
counsel with the entire case file. However, if the defendant or defense counsel are apparently
delaying the familiarization with the case file, the investigator may issue a motivated
resolution on establishing a certain period sufficient for familiarization with the case file. The
time period of familiarization of the defendant and the defense counsel with the case file
shall not be counted while calculation of the investigation period.
(As edited by the LAW of KR dated 16 October 2002, # 141)
Article 232. Record on Familiarization with Case File
(1) Records shall be made on familiarization with the case file of the defendant and defense
counsel, and the victim, or his/her representative, civil plaintiff and civil defendant, and
representatives thereof, in conformity with the requirements of Articles 170 and 171 hereof.
The records shall contain indications on materials presented and motions submitted, and
other statements made.
(2) Where the defendant refuses to familiarize himself/ herself with the case file, such refusal
must be reflected in the records, with the indication of reasons for that.
Article 233. Submission and Resolution of Motions
(1) Motions by the defendant and the defense counsel, and those by the victim, civil plaintiff,
civil defendant, and their representatives, declared verbally after familiarization with the case
file, shall be included into the record on familiarization with the case file.
(2) Where a participant of the proceedings expresses his/ her intention to state the motion in
writing, a time required for its preparation may be given, which should be marked in the
records, and such written motion shall be attached to the case file.
(3) In accordance with Article 121 hereof, the investigator may not dismiss the motion on
establishing the circumstances relevant to the case. In such instances the investigator must
add the investigation, while the further familiarization of other participants of the
proceedings with the case file does not impede the resolution of motions, and, should they be
granted, exercise of investigation activities.
(4) Upon exercise of additional investigation activities, the investigator must provide new
notices on end of investigation to the participants of the proceedings, and provide them an
opportunity to familiarize themselves with additional the case file, or with the entire case file,
if requested.
(5) Should the presented motions be completely or partially dismissed, the investigator makes a
ruling on that, and send a copy of such ruling to the petitioner.