Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(4) that the defendant is charged for all established and proven criminal acts; (5) that all individuals, in whose respect there is proven evidence committed crime, are brought to trial as defendants; (6) that all acts of the defendant were properly qualified; (7) that proper sanctions were applied and there are no grounds for its alteration or dismissal; (8) that all measures were taken to secure the civil lawsuit, including possible confiscation of property; (9) that no substantial violations of the law on criminal procedure were admitted in the investigation. Article 238. Decision Made by Prosecutor in Case Submitted with Resolution on End of Investigation The prosecutor or his deputy, upon consideration of the case submitted by the investigator with the resolution on end of the investigation, may take any of the following decisions: (1) approve the resolution on bringing an individual to trial as defendant; (2) rule to dismiss certain items of the charge, or re-qualify the acts of the defendant, subject to the law on a less grave crime, unless the language of the charge changes; (3) return the case to the investigator with written instructions to discontinue the proceeding, or initiate additional investigation; (4) dismiss the case. Article 239. Referral of Case to Court (1) After approval of resolution on bringing an individual to trial as a defendant, the prosecutor ensures that the defendant be served with the copy of resolution on summoning the individual to trial as a defendant, and resolution on end of investigation. The copy of the resolution on bringing an individual as a defendant shall be served on the victim, provided that he filed a motion on that. The receipts of accuses and victim on receiving the copy of resolution shall be attached to the case file. (2) The prosecutor shall send the case to court with the appropriate jurisdiction, and notifies the defendant, defense counsel, the victim and his/her representative, the civil plaintiff, civil defendant, or their representatives on that. (As edited by the Law of KR dated 8 August 2004 #111) SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION Article 240. Jurisdiction over Criminal Cases CHAPTER 31. JURISDICTION (1) A district (city) court has the jurisdiction over all criminal cases, except those indicated in part two of this Article.
(2) Garrison Military Courts have the jurisdiction over all criminal cases about crimes committed by servicemen, and also by summoned for compulsory temporary military training. (3) In bringing a charge against one person or group of persons in committing several crimes, if at least one of the crimes is under jurisdiction of Military Court, and others – under jurisdiction of regional (city) court, the case concerning all crimes shall be under jurisdiction of Military Court (4) In bringing a charge against a group of persons in committing one or several crimes, if at least one of the crimes is under jurisdiction of Military Court, and others – under jurisdiction of regional (city) court, the case concerning all accused shall be under jurisdiction of Military Court with the impossibility of separation concerning the serviceman in a separate trial. (As edited by the Law of KR dated 13 March 2003 #61, 11 June 2003 #98, 28 March 2004 #52 8 August 2004 #111) Article 241. Territorial Jurisdiction over Criminal Cases (1) A criminal case must be tried at the place where it was committed. (2) If a crime was initiated at a place subject to jurisdiction of one court, and accomplished at a place in the jurisdiction of anther court, the case must tried at the place of end of the investigation. (3) If the place where the crime was committed cannot be established, or if crimes were committed at several places, the case shall be tried at a place where investigation was completed. Article 242. Referral of Criminal Case Subject to Territorial Jurisdiction (1) A judge, while setting a date of a trial, and on establishing that the submitted case is not subject to the jurisdiction of this court, shall make a resolution on referral of the case to the court which has a territorial jurisdiction over such case. (2) In the presence of circumstances, stated in Articles 70, 71 hereof, the Chairman of the Supreme Court of Kyrgyz Republic or his deputy shall be authorized to render a resolution to pass the case from one court to another. Under the same grounds the chairman of regional court, Bishkek city court shall be authorized to pass the case from one district (city) court to another, the chairman of the Military Court of Kyrgyz Republic shall be authorized to from one garrison military court to another, on which the resolution shall be rendered. (3) The higher court when repealing the decision of subordinate court shall be authorized to send the case for a new examination in the presence of circumstances stated in Articles 70 and 71 hereof. (As edited by the Law of KR dated 8 August 2004 #111) Article 243. Disputes Regarding Jurisdiction Are Inadmissible Any disputes between courts regarding jurisdiction are inadmissible. A court to whom any case was referred by another court, must initiate proceedings on such case, in compliance with procedure provided by Articles 241 and 242 hereof.
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THE KYRGYZ REPUBLIC CRIMINAL PROCED
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Major terms: “Court”— a tribu
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“Dwelling house” - premises or
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Article 13. Inviolability of Dwelli
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Article 20. Guaranteeing the Suspec
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(1) Prosecution shall not be instit
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3) apply compulsory medical treatme
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(4) In the event of disagreement of
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CHAPTER 6. PARTICIPANTS OF CRIMINAL
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(4) The defendant shall: 1) obey th
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(3) Waiver of the counsel by the su
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1) appear if summoned by the invest
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1) know about a type of the charge
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7) be reimbursed for his expenses i
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the victim, civil plaintiff, civil
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(2) Recusal of a judge shall be dec
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3) in the event he is a judge, pros
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(1) Exhibits shall be described in
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entitled to provide written and spo
Page 39 and 40: 1) recognizance not to leave the pl
Page 41 and 42: (4) The persons supervising a juven
Page 43 and 44: no grounds to change or reverse the
Page 45 and 46: (1) The investigator with a consent
Page 47 and 48: (2) Investigator, prosecutor, or a
Page 49 and 50: 4) declare the decisions of investi
Page 51 and 52: (4) Proof for of a civil claim brou
Page 53 and 54: (5) When a case is dismissed on the
Page 55 and 56: Article 147. Collection of Procedur
Page 57 and 58: investigator or prosecutor). The re
Page 59 and 60: Article 159. Institution of Prosecu
Page 61 and 62: distraint or arrest, or subject to
Page 63 and 64: (As edited by the Law of the KR dat
Page 65 and 66: investigator shall invite a third p
Page 67 and 68: (11) In the course of a dwelling ho
Page 69 and 70: investigatory actions. In necessary
Page 71 and 72: Article 186. Transcript of search o
Page 73 and 74: (3) The persons specified in item 1
Page 75 and 76: made by an interrogated also on a v
Page 77 and 78: (5) If an identifying person is a w
Page 79 and 80: (1) If an expert examination is enf
Page 81 and 82: the asked questions he shall compil
Page 83 and 84: accused. If the accused or his defe
Page 85 and 86: undertake measures for a person dis
Page 87 and 88: (2) The familiarization shall be ca
Page 89: (6) Dismissal of the motion may be
Page 93 and 94: (2) The judge may issue a resolutio
Page 95 and 96: (1) The court must ensure a public
Page 97 and 98: (2) Should the defense counsel fail
Page 99 and 100: (1) Since the moment of admission o
Page 101 and 102: (4) The record must be prepared and
Page 103 and 104: The presiding judge shall explain t
Page 105 and 106: Article 290. Interrogation of Victi
Page 107 and 108: competence of the expert, and also
Page 109 and 110: Article 305. Essence and Procedure
Page 111 and 112: 3) whether this act is a crime and
Page 113 and 114: Should the verdict be amended, such
Page 115 and 116: (1) After signing the verdict, the
Page 117 and 118: (1) The session of the court by the
Page 119 and 120: (3) The appellate procedure applies
Page 121 and 122: 4) arguments of a person filed a co
Page 123 and 124: in the complaint (petition) are fou
Page 125 and 126: Article 353. Disparity in Sentencin
Page 127 and 128: (3) Bodies executing a verdict shal
Page 129 and 130: (4) Releasing on parole, the court
Page 131 and 132: issue related to the execution of t
Page 133 and 134: in it. The presiding judge shall be
Page 135 and 136: 1) appeal of convicted, his legal r
Page 137 and 138: (2) The resolution (ruling) of the
Page 139 and 140: (2) Presidium, Panel of Judges on c
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this Code, the prosecutor shall res
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(2) During interrogation of the min
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Article 401. Release of the Minor f
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8) to participate, upon the permiss
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4) if this person has got a mental
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shall be redressed by the state in
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Article 423. Restoration of Other R
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Article 430. Implementation of Requ
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Article 436. Transfer of Articles (
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(4) The decision of the court shall
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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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