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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(6) Dismissal <strong>of</strong> <strong>the</strong> motion may be appealed to <strong>the</strong> prosecutor within three days after receipt <strong>of</strong> a<br />

copy <strong>of</strong> <strong>the</strong> resolution on dismissal. Filing <strong>of</strong> a petition suspends referral <strong>of</strong> <strong>the</strong> case to <strong>the</strong><br />

prosecutor pending <strong>the</strong> resolution <strong>of</strong> such petition.<br />

Article 234. Resolution on Completion <strong>of</strong> Investigation.<br />

(1) Investigation is completed by <strong>the</strong> investigator with resolution rendering to refer <strong>the</strong> case to<br />

<strong>the</strong> Court for Low-suit on <strong>the</strong> substance <strong>of</strong> <strong>the</strong> case or solution <strong>of</strong> using forced measures <strong>of</strong><br />

medical characters or taking solution on dismissal <strong>of</strong> <strong>the</strong> case in accordance with <strong>the</strong> rules <strong>of</strong><br />

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

(2) It must be pointed out in <strong>the</strong> resolution on end <strong>of</strong> investigation who rendered <strong>the</strong> resolution,<br />

place and time <strong>of</strong> its rendering, accused personality information, brief formula <strong>of</strong> charge and<br />

<strong>the</strong> investigator’s decision on referral <strong>of</strong> case to Prosecutor.<br />

Article 235. Attachments to Ruling on End <strong>of</strong> Investigation<br />

(1) A list <strong>of</strong> victims, witnesses, experts to be summoned to court hearing shall be attached to <strong>the</strong><br />

ruling on end <strong>of</strong> investigation. The list must consist <strong>of</strong> two parts—list proposed by <strong>the</strong><br />

investigator (prosecution list), and <strong>the</strong> list <strong>of</strong> individuals nominated by <strong>the</strong> defendant and<br />

defense counsel (defense list).<br />

(2) Information on <strong>the</strong> period <strong>of</strong> investigation, on selected measures to ensure defendants’<br />

appearance in court, including <strong>the</strong> period in custody, on exhibits, on a civil lawsuit, on<br />

measures taken to ensure <strong>the</strong> civil lawsuit and possible confiscation <strong>of</strong> <strong>the</strong> property, and on<br />

procedural expenditures must be attached to <strong>the</strong> ruling on end <strong>of</strong> investigation.<br />

(3) The list <strong>of</strong> persons to be summoned to court, should contain <strong>the</strong> information on <strong>the</strong>ir<br />

residence or whereabouts, and lists from <strong>the</strong> case file containing <strong>the</strong>ir testimony, or opinions.<br />

In instances, provided by part 8 <strong>of</strong> Article 170 here<strong>of</strong>, such list shall contain pseudonyms <strong>of</strong><br />

individuals to be summoned to court.<br />

Article 236. Referral <strong>of</strong> Case to Prosecutor<br />

Upon issuance <strong>of</strong> ruling on end <strong>of</strong> <strong>the</strong> investigation by <strong>the</strong> investigator, <strong>the</strong> case must be referred<br />

to <strong>the</strong> prosecutor within one day.<br />

CHAPTER 30. ACTIONS AND DECISION OF THE PROSECUTOR ON CASE<br />

SUBMITTED WITH THE RESOLUTION ON END OF INVESTIGATION<br />

Article 237. Issues Resolved by <strong>the</strong> Prosecutor in <strong>the</strong> Case Submitted with <strong>the</strong> Resolution<br />

on End <strong>of</strong> Investigation<br />

The prosecutor must within five days period study <strong>the</strong> submitted case file, and establish:<br />

(1) that an act incriminated to <strong>the</strong> defendant had taken place, and that this act contains <strong>the</strong><br />

elements <strong>of</strong> crime;<br />

(2) that <strong>the</strong> case contains any circumstances which may result in discontinuing <strong>the</strong> proceedings;<br />

(3) that <strong>the</strong> charge is fair, and that it is proven by <strong>the</strong> evidence presented in <strong>the</strong> case;

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