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LAW OF THE KYRGYZ REPUBLIC

of August 16, 2006 No. 170

About protection of the rights of participants of criminal trial

(as amended on 31-12-2019)

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 of participants of criminal trial including measures of their safety and social protection and also determines the bases and procedure for their application.

Article 1. State protection of participants of criminal trial

The state protection of 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 subjects of criminal trial provided by Chapters 4-7 of the Code of penal procedure of the Kyrgyz Republic are subject to the state protection according to this Law.

2. Ceased to be valid according to the Law of the Kyrgyz Republic of 31.12.2019 No. 152.

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, authorized body in the field of fight against economic crimes 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, authorized body in the field of fight against the economic crimes 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.

Article 5. Legislation of the Kyrgyz Republic on the state protection of the rights of participants of criminal trial

Chapter II. Types of the state protection

Article 6. Security measures

1. Can be applied to the protected person at the same time a little or one of the following security measures:

1) bodyguard, protection of the dwelling and property;

2) issue of special individual protection equipment, bonds and notifications about danger;

3) ensuring confidentiality of data on the protected person;

4) resettlement on other residence;

5) the replacement of documents with changes of biographical particulars applied also in case of need concerning members of the family of the protected person;

6) appearance change;

7) masking of their appearance or additional visual isolation in case of performance in court, and also not announcement of biographical particulars and other data during court investigation;

8) change of place of employment (service) or study;

9) temporary placement to the safe place;

10) application of additional security measures concerning the protected person which is held in custody or being in the place of serving sentence including transfer from one place of detention or serving sentence in another.

2. In the presence of the bases specified in article 16 of this Law also other security measures, stipulated by the legislation the Kyrgyz Republic can be applied to the protected person.

3. The security measures provided by items 4 - 7 parts of 1 this Article, are performed only on criminal cases about heavy and especially serious crimes.

4. For the purpose of collateral security of security measures of participants of criminal trial put body in which production is, had the right:

1) to take out official caution to person from whom the threat of violence or other acts prohibited by the penal statute, about possible attraction it to criminal liability proceeds;

2) to apply measure of ensuring criminal trial in the form of prohibition on approach to the protected person.

Article 7. Bodyguard, protection of the dwelling and property of the protected person

1. The bodyguard, protection of the dwelling and property of the protected person are provided with the bodies performing security measures, according to the procedure, established by the Government of the Kyrgyz Republic.

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