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LAW OF THE KYRGYZ REPUBLIC

of August 16, 2006 No. 170

About protection of the rights of witnesses, victims and other participants of criminal trial

(In edition of the Law KR of 10.11.2011 No. 202)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 30, 2006

CHAPTER I. GENERAL PROVISIONS

This Law provides introduction of system of measures of the state protection concerning witnesses, the victims and other participants of criminal trial, the including security measure and social protection of specified persons, and also determines the bases and procedure for their application.

Article 1. State witness protection, victims and other participants of criminal trial

The state witness protection, the victims and other participants of criminal trial (further - the state protection), implementation of the security measures provided by this Law directed to protection of their life, health and (or) property (daleemer of safety) and also measures of social protection of specified persons (further - measures of social protection) in connection with their participation in criminal trial, are performed by the state bodies authorized on that.

Article 2. Persons which are subject to the state protection

1. The following participants of criminal trial are subject to the state protection according to this Law:

1) witness;

2) victims;

3) other participants of criminal trial.

2. Measures of the state protection can be also applied before initiation of legal proceedings to the applicant, the eyewitness and the victim who was injured from crime or the other persons promoting the prevention or disclosure of crime.

3. The close relatives established by the Code of penal procedure of the Kyrgyz Republic, relatives, illegal infringement of whom appears for the purpose of impact on persons specified in parts 1 - 2 these Articles, are also subject to the state protection.

4. Specified in parts 1 - 3 these Articles of person on which the decision on implementation of the state protection is in accordance with the established procedure made hereinafter are referred to as further "protected persons".

Article 3. The bodies providing the state protection

1. The bodies providing the state protection are:

1) the bodies making the decision on implementation of the state protection;

2) the bodies performing security measures;

3) the bodies performing measures of social protection.

2. The decision on implementation of the state protection is made by court (judge), the prosecutor, the chief of body of inquiry or the investigator in which production there is statement (message) on crime or criminal case.

3. Implementation of security measures is assigned to law-enforcement bodies, homeland security, criminal executive system, on control of drugs, financial police and to customs authorities on the criminal cases which are in their production or referred to their maintaining and also to other state bodies to which implementation of separate security measures can be assigned according to the legislation of the Kyrgyz Republic.

4. Security measures concerning protected persons on the criminal cases which are in production of court or prosecutor's office are performed by a court decision (judges) or to the resolution of the prosecutor by law-enforcement bodies, homeland security, criminal executive system, on control of drugs, financial police and the customs authorities located in the location of the protected person.

5. Security measures concerning protected persons from among the military personnel are performed also by command of the relevant military units and higher command.

6. Security measures concerning the protected persons which are containing in pre-trial detention centers or being in places of serving sentence are performed also by organizations and bodies of criminal executive system of the Kyrgyz Republic.

7. Implementation of measures of social protection is assigned to social security authorities of the population and other bodies according to the procedure, established by the Government of the Kyrgyz Republic.

Article 4. Principles of implementation of the state protection

1. The state protection is performed according to the principles of legality, respect of rights and freedoms of man and citizen, the cross liability of the bodies providing the state protection and protected persons.

2. The state protection is performed under public prosecutor's supervision and departmental control. When implementing the state protection public and secret methods according to the law of the Kyrgyz Republic "About operational search activities" are used.

3. Application of security measures shall not restrain housing, labor, pension and other laws of protected persons.

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