Criminal Procedure Code of the Kyrgyz Republic - Legislationline

additional investigation on the gaps in the case the prosecutor shall, and a victim and other
participants of the trial have a right, to present an application on passing the case for
execution of investigation. The judge after examining the application has the right to render a
resolution on returning the case to a prosecutor or reject the application and continue the trial.
The court is authorized to pass the case to a prosecutor in the case of impossibility to
investigate the gaps in the case in the court. After executing the necessary investigation
actions the investigator and prosecutor execute the procedural actions in compliance with
Articles 229 – 239 hereof, and the trial shall be continued in common order.
(As edited by the Laws of KR dated 13 March 2003 # 61, 24 May 2004 #68, 8 August 2004
#111)
Article 265. Postponement of Trial and Suspension of Case
(1) Should the trial be impossible due to failure by any of the summoned persons to appear, or
due to necessity to obtain new evidence by the motion of any party, the court by its ruling
(judge by his resolution) shall postpone the trial of the case. The court shall also obligate the
parties to take measures necessary for summoning persons who failed to appear in court. If
the prosecutor is not executing the ruling (resolution) , the court (judge) shall return the case
to the prosecutor.
(2) In a case of sickness of a defendant, which deprives him of appearance in the court, the court
shall suspend the proceedings against this defendant pending his/ her recovery and confirm
the case trial in respect to the rest defendants. If separate proceeding is impossible the case
should be interrupted as a whole.
(3) In the instances where several defendants participate in the case, and one of them escapes,
the court separates the materials related to such defendant into a separate proceeding, and
continues the trial in respect to the rest defendants. If separation of the case impedes the
proper resolution of the case, it shall be returned to the prosecutor.
(4) While addressing to the Constitutional Court of the Kyrgyz Republic concerning issue 6 of
the constituted legality subject to use the Court shall interrupt the case proceedings until the
Constitutional Court of the Kyrgyz Republic makes decision.
(5) When the expert examination is appointed the court shall interrupt the criminal procedure
until the expert examination will be submitted to court.
(As edited by the Law KR dated 8 August 2004 #111)
Article 266. Dismissal of Case in Court Hearing
(1) The case shall be dismissed in court hearing, if in the course of the trial circumstances will be
discovered specified in points 4--11 of Article 28 hereof.
(2) The court may rule to discontinue the proceedings in court hearing on the grounds indicated
in Article 29 hereof.
Article 267. Resolution of Issue on Applying Sanctions. Term of Detention and the Order of
Its Determination