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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(4) that <strong>the</strong> defendant is charged for all established and proven criminal acts;<br />
(5) that all individuals, in whose respect <strong>the</strong>re is proven evidence committed crime, are brought<br />
to trial as defendants;<br />
(6) that all acts <strong>of</strong> <strong>the</strong> defendant were properly qualified;<br />
(7) that proper sanctions were applied and <strong>the</strong>re are no grounds for its alteration or dismissal;<br />
(8) that all measures were taken to secure <strong>the</strong> civil lawsuit, including possible confiscation <strong>of</strong><br />
property;<br />
(9) that no substantial violations <strong>of</strong> <strong>the</strong> law on criminal procedure were admitted in <strong>the</strong><br />
investigation.<br />
Article 238. Decision Made by Prosecutor in Case Submitted with Resolution on End <strong>of</strong><br />
Investigation<br />
The prosecutor or his deputy, upon consideration <strong>of</strong> <strong>the</strong> case submitted by <strong>the</strong> investigator with<br />
<strong>the</strong> resolution on end <strong>of</strong> <strong>the</strong> investigation, may take any <strong>of</strong> <strong>the</strong> following decisions:<br />
(1) approve <strong>the</strong> resolution on bringing an individual to trial as defendant;<br />
(2) rule to dismiss certain items <strong>of</strong> <strong>the</strong> charge, or re-qualify <strong>the</strong> acts <strong>of</strong> <strong>the</strong> defendant, subject to<br />
<strong>the</strong> law on a less grave crime, unless <strong>the</strong> language <strong>of</strong> <strong>the</strong> charge changes;<br />
(3) return <strong>the</strong> case to <strong>the</strong> investigator with written instructions to discontinue <strong>the</strong> proceeding, or<br />
initiate additional investigation;<br />
(4) dismiss <strong>the</strong> case.<br />
Article 239. Referral <strong>of</strong> Case to Court<br />
(1) After approval <strong>of</strong> resolution on bringing an individual to trial as a defendant, <strong>the</strong> prosecutor<br />
ensures that <strong>the</strong> defendant be served with <strong>the</strong> copy <strong>of</strong> resolution on summoning <strong>the</strong> individual<br />
to trial as a defendant, and resolution on end <strong>of</strong> investigation. The copy <strong>of</strong> <strong>the</strong> resolution on<br />
bringing an individual as a defendant shall be served on <strong>the</strong> victim, provided that he filed a<br />
motion on that. The receipts <strong>of</strong> accuses and victim on receiving <strong>the</strong> copy <strong>of</strong> resolution shall<br />
be attached to <strong>the</strong> case file.<br />
(2) The prosecutor shall send <strong>the</strong> case to court with <strong>the</strong> appropriate jurisdiction, and notifies <strong>the</strong><br />
defendant, defense counsel, <strong>the</strong> victim and his/her representative, <strong>the</strong> civil plaintiff, civil<br />
defendant, or <strong>the</strong>ir representatives on that.<br />
(As edited by <strong>the</strong> Law <strong>of</strong> KR dated 8 August 2004 #111)<br />
SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION<br />
Article 240. Jurisdiction over <strong>Criminal</strong> Cases<br />
CHAPTER 31. JURISDICTION<br />
(1) A district (city) court has <strong>the</strong> jurisdiction over all criminal cases, except those indicated in<br />
part two <strong>of</strong> this Article.