Criminal Procedure Code of the Kyrgyz Republic - Legislationline

(2) The clerk of the court keeps the record of the trial. He must provide accurate and full
statement of actions and decisions of the court, and actions performed by the participants in
the course of the trial.
(3) Should any debate arise between the clerk of the court and the presiding judge regarding the
content of the record, the clerk of the court may attach to the record his/ her remarks which
will be considered in compliance with the procedure established by Article 273 hereof.
Article 258. Participation of Prosecutor in Trial
(1) The prosecutor supports the state charge in front of the court in all criminal cases, except the
private charge, provides the evidence of the defendant’s guilt, and participates in the
examination thereof, and provides his/ her observations in respect to application of the
criminal legislation.
(2) The prosecutor files or supports a civil lawsuit presented by the victim, if it is necessary to
protect the state or public interests, or the rights of citizens.
(3) The prosecutor may mitigate (**) the charge or dismiss the charge completely or partially.
(4) If a more grave charge is established in the trial as compared to that originally presented (**),
the court shall give the prosecutor the time to make up for the shortcomings of the
investigation and ensure the rights of the participants of the trial, after that the court shall
resume the trial of the case.
(5) Should the new circumstances be established in the course of the court trial, which
circumstances indicate that the crime had been committed by persons in whose respect no
criminal proceedings were initiated, the prosecutor shall take measures to initiate criminal
proceedings against such persons, and submits such materials for exercise of investigation.
(As edited by the Law of KR dated 8 August 2004 #111)
Article 259. Participation of Defendant in Trial
(1) The case shall be tried in original and appellate jurisdiction with participation of the
defendant, whose appearance in court is mandatory.
(2) A case may be tried with the absence of the defendant only in instances when the defendant
is beyond the boundaries of the Kyrgyz Republic, and evades from appearance in court.
(3) Should the defendant fail to appear in court, the hearing must be postponed. In such
circumstances, the judge or the court obligates the prosecutor to ensure the defendant’s
appearance in court on the postponed date. If the appearance of the defendant was not
ensured, within the established term, the case shall be returned to the prosecutor who
exercised the oversight over the investigation. The judge shall make a decision, or the court
shall make a resolution on return of the case to the prosecutor, which may be appealed by the
prosecutor to the superior court.
Article 260. Participation of Defense Counsel in Trial
(1) The defense counsel provides evidence and participates in examination of the evidence, and
states in court his opinion on the merits of the charges, and its being proven, and on
mitigating circumstances of the defendant, or acquitting him, and on the punishment, as well
as other issues arising in the course of the trial.