Criminal Procedure Code of the Kyrgyz Republic - Legislationline

CHAPTER 32. PREPARATION TO TRIAL
Article 244. Powers of Judge on Submitted Case
(1) Prior to commencement of the trial the judge shall make one of the following decisions on
the referred case:
1) set the jurisdiction;
2) having taken the case to his proceedings he shall:
- suspend the trial;
- dismiss the case on the basis provided by law;
- files the case for court trial.
(2) The judge shall make a decision in a form of a resolution, where he/ she specifies:
1) time and place where the resolution was made;
2) family name of a judge who made the resolution;
3) grounds and essence of the decisions made;
(3) Decision must be made within fourteen days after receipt of the case by court.
(As edited by the Law of KR dated 24 March 2004 #47)
Article 245. Issues to Be Clarified on Referred Case
(1) In deciding an issue whether a date of the trial may be set, the judge must clarify except
circumstances specified in the following article 244 of this Code regarding each defendant:
1) that no violations of the law on criminal procedure were admitted, which may impede
setting the date of the trial;
2) that a copy of resolution on charging was served on time;
3) that a sanction may be changed or dismissed;
4) that measures ensuring indemnification of the losses inflicted by the crime, and possible
confiscation of the property were taken;
5) that motions and petitions should be granted or dismissed;
(2) While making resolutions on petitions and motions the judge may summon a person or a
representative of an organization who filed the motion. Motions to summon additional
witnesses, and attachment of other evidence must be granted, if such motions are relevant to
the case.
Article 246. Suspending Case
(1) The judge may rule to suspend the proceedings in the following instances:
1) When the accused escaped and his residence is unknown;
2) defendant’s disease, certified by a doctor of a state medical institution;
3) initiation of proceedings by the Constitutional Court of the Kyrgyz Republic on the
petition on breach of rights and freedoms of a citizen by the criminal law, applicable in
the given criminal case;
4) inquiry by the court to the Constitutional Court of the Kyrgyz Republic on verifying the
conformity with the Constitution of a law applied to a certain criminal case;
5) setting an expert examination.