of October 28, 2021 No. 129
Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 22, 2021
1. Criminal trial in the territory of the Kyrgyz Republic is performed according to the Constitution of the Kyrgyz Republic (further - the Constitution) and this Code.
2. The criminal procedure legislation of the Kyrgyz Republic consists of of this Code based on the Constitution, the conventional principles and rules of international law, and also international treaties which became effective according to the legislation of the Kyrgyz Republic (further - the international agreements).
3. Provisions of the laws of the Kyrgyz Republic regulating procedure for criminal trial are subject to application only on condition of their inclusion in this Code.
4. If during criminal trial there is need of consideration of question which shall be solved according to the Civil code of the Kyrgyz Republic or the Code of the Kyrgyz Republic about offenses, it is solved in the appropriate order.
1. The constitution has the highest legal force and direct action in all territory of the Kyrgyz Republic. In case of contradiction between regulations of this Code and the Constitution Constitution regulations are effective.
2. Criminal trial in the territory of the Kyrgyz Republic irrespective of the place of crime execution is conducted according to this Code if international treaties of the Kyrgyz Republic do not establish other rules of action of this Code in space.
3. In case of contradiction between regulations of this Code and the constitutional law of the Kyrgyz Republic the constitutional law is effective. In case of contradiction between regulations of this Code and other laws regulations of this Code are effective.
1. Criminal trial is performed according to the law existing at the time of accomplishment of legal proceeding, adoption of the proceeding decision if other is not established by this Code.
2. The criminal procedure law assigning new obligations, canceling or diminishing directly or indirectly the right of participants of process, limiting their use with additional terms has no retroactive force.
3. Admissibility of proofs is determined according to the law existing at the time of their obtaining.
1. Criminal trial concerning foreign citizens and stateless persons in the territory of the Kyrgyz Republic is conducted according to regulations of this Code if international treaties of the Kyrgyz Republic on mutual legal assistance do not provide other.
2. The legal proceedings provided by this Code concerning persons using immunity according to the conventional principles and rules of international law and international treaties of the Kyrgyz Republic are made with the consent of foreign state on which service there was person using immunity or the international organization which member of personnel it is or was. Information on whether the corresponding person uses immunity and what amount of such immunity, is provided by authorized state body.
The concepts containing in this Code have if there are no special instructions in the laws, the following values:
1) bodies of inquiry - the state bodies and their officials authorized according to this Code to perform inquiry;
2) appellate instance - the judicial board considering criminal cases according to claims and representations to the sentences which did not take legal effect and decrees issued by Trial Court and also to the decrees issued by the investigative judge according to the procedure of judicial control;
3) the applicant - person who addressed to bodies of inquiry, to the investigator, the prosecutor according to the procedure of criminal trial;
4) special investigative actions - the actions which are carried out without informing persons involved in criminal trial on which interests they infringe, and directed to clarification of circumstances, receipt of the data which are subject to proof in criminal trial when investigative actions it is not possible to establish it;
5) special knowledge - professional knowledge and abilities in the field of science, the equipment, arts or the crafts necessary for the solution of questions in case of pre-judicial production and consideration in court of criminal case;
6) the party of accusation - the prosecutor, the investigator, the head of investigative division, body of inquiry, the victim, his representative, the legal representative, the private prosecutor;
7) the employee of authorized state body on protection of children - person, authorized to represent legitimate interests of children in bodies of inquiry, investigation, prosecutor's office, court and organizations of execution of the punishment;
8) the specialized investigator, the prosecutor, the judge for children - the official, in addition last specialized training in justice questions for children and authorized to perform criminal trial concerning the children who are in the conflict with the law, the victims and witnesses;
9) the specialized lawyer for children - the lawyer who in addition underwent specialized training in justice questions for children authorized to perform protection in criminal trial concerning the children who are in the conflict with the law, the victims and witnesses;
10) Trial Court - the district and equated to it city court authorized on direct research and establishment in judicial session of the facts of the case and removal on it the relevant decision;
11) measure of restraint - the measure which is temporarily limiting the rights and freedoms of person, applied by the investigator, the prosecutor, the investigative judge, court concerning the person accused;
12) verdict - the solution of jury of assessors on the questions raised before it, including the main question of innocence or guilt of the person accused;
13) the claim - written or electronically (signed or certified by the digital signature) the objection brought by participants of criminal trial on the decision and (or) action (failure to act) of body of inquiry, the investigator, prosecutor, investigative judge, court;
14) generation of the document - the electronic transaction allowing to create automatically the document on the basis of the templates pledged in the Unified register of crimes;
15) criminal trial - pre-judicial and judicial proceedings;
16) the child victim - person who did not reach 18-year age to which the crime does physical, moral harm and (or) material damage;
17) issue of person - transfer by one state to other state of person for its criminal prosecution or execution of sentence which is possible provided that person which is subject to issue committed the crime recognized by that penal legislation of the required state in the territory of the requesting state;
18) temporary content of person under guards - the interim measure on execution of the decision of competent authority of foreign state on the conclusion of person into custody applied by court concerning the searched person for the purpose of its issue (extradition) to foreign state before receipt of request about issue;
19) close relatives are the parents, children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandmother, grandsons;
20) private determination - the decision passed by the investigative judge, the judge, court which draws the attention of heads of state bodies, and also the organizations irrespective of patterns of ownership and other officials to the facts of violation of the law determined on case requiring taking measures;
21) search measures - the actions which are carried out by body of inquiry at the request of the investigator, the prosecutor and the vessels directed to establishment of the location of the persons which disappeared from body of pre-judicial production and court and (or) avoiding criminal liability it is unknown the disappeared persons, the objects and documents important for case;
22) the actual detention - the moment of the actual deprivation or restriction of freedom of the detained person, including freedom of travel, forced deduction in certain place, forced delivery in bodies of inquiry and investigation (capture, closing indoors, to undergo coercion somewhere or to remain on site and so on), and also any other actions significantly limiting personal liberty of the person, with indication of the exact time when the specified restrictions became real, irrespective of giving to the detainee of any procedural status or accomplishment of other formal procedures;
23) cassation instances - the judicial board of the Supreme Court of the Kyrgyz Republic (further - the Supreme Court) considering case on writs of appeal, representations on the sentences which took legal effect and determinations of Appeal Court;
24) protection - the procedural activities performed by the lawyer for the purpose of providing the rights and interests of persons involved in criminal procedure;
25) the party of protection - the suspect, the person accused, the convict, justified, and also their legal representative, the lawyer, person responsible for compensation of material damage and (or) moral harm;
26) the child witness - the person who did not reach 18-year age, called for evidence about circumstances known to it on criminal case;
27) deposition of testimonies of the witness and victim - carrying out during pre-judicial production by the investigative judge of interrogation of the witness or the victim according to the petition of one of the parties for the purpose of advance providing (preserving) judicial evidences;
28) witness immunity - the right of person not to give the evidence against itself and the close relatives, the spouse (spouses), and also in other cases provided by this Code;
29) the agreement on recognition of fault - the written agreement between the prosecutor and the person accused concluded according to this Code;
30) request about the international legal assistance on criminal cases - the document which is drawn up according to requirements of the international treaty and the national legal system sent to the address of competent authority or the foreign official with request to perform certain legal proceedings on criminal case;
31) the Unified register of crimes - the electronic database in which data on the beginning of pre-judicial production, legal proceedings and decisions, case movement, applicants and participants of criminal trial are entered;
32) criminal prosecution - the procedural activities performed by the party of accusation for the purpose of exposure of the suspect accused of crime execution;
33) removal of the child from system of criminal trial - the procedure alternative to criminal prosecution for making of crimes directed to assistance to development, increase in legal culture and legal education of the child, prevention from repeated crime execution;
34) the state prosecutor - the prosecutor holding on behalf of the state charges in court on criminal case;
35) mediation - the voluntary procedure of settlement of criminal trial between his participants with assistance of mediator (mediators) for the purpose of achievement of the mutually acceptable agreement by them;
36) mediator - the impartial physical person meeting the requirements of the law on mediation, giving help of criminal trial to the parties in carrying out mediation;
37) other object which is in property or other right - the vehicle, the parcel of land, garage, other structure or the room of household, office, economic, production and other purpose which are in property or other right;
38) the child who is in the conflict with the law - the person which did not reach 18-year age, being to the suspects, the person accused, defendants condemned on case;
39) legal representatives are parents, adoptive parents, guardians or custodians of the suspect, the accused child or the injured child, the child witness, representatives of organizations or organizations, authorized state body on protection of children, persons on whose care they are;
40) representatives - persons, representatives to represent legitimate interests of the victim by law or agreements;
41) sentence - the decision on innocence or guilt of the person accused and appointment to it punishments or about release it from punishment which is taken out by court of the first or appellate instance;
42) probation the report - the conclusion of bodies of probation about social and psychological portrait of the person accused on the basis of the research of his personality, social conditions and other circumstances promoting crime execution;
43) prosecutor - The Attorney-General of the Kyrgyz Republic (further - the Attorney-General), his deputies, prosecutors of areas, cities of Bishkek and Osh, district (city) prosecutors, military prosecutors and prosecutors equated to district (city) prosecutors, their deputies and other officials of bodies of prosecutor's office participating in criminal trial and given appropriate authority;
44) legal proceeding - the investigative, judicial or other action provided by this Code;
45) proceeding decisions - the acts of application of criminal procedure law which are taken out by the bodies conducting criminal trial, within their competence, and expressed in the form determined by this Code;
46) rehabilitation - procedure for recovery of the rights and freedoms of person, it is illegal or unreasonably subjected to criminal prosecution, and compensations of the material damage caused to it and (or) moral harm;
47) rehabilitated - person having the right to compensation of the material damage and (or) moral harm done to it in connection with illegal or unreasonable criminal prosecution;
48) remark - the note of the participant of debate of the parties in judicial session rather told in speeches of other participants;
49) digital information - the digital data which are stored and circulating in information and telecommunication systems during criminal trial and their subsequent use in proof on pre-judicial production;
50) pre-judicial production - the criminal trial consisting of registration of a statement, the message on crime in the Unified register of crimes, investigation verification, investigation and the direction by the prosecutor of case papers in court for consideration on the merits;
51) court - the body performing justice on criminal cases in all degrees of jurisdiction, exercising judicial control, and also resolving other questions carried to its competence;
52) the jury member - the citizen of the Kyrgyz Republic included in the procedure established by the legislation in candidate lists in jury members and selected to participation in consideration of criminal case;
53) representation - the act of response of the prosecutor to the court resolution brought according to the procedure, established by this Code;
54) the head of investigative division - the official heading the relevant investigative division, and also his deputy;
55) the investigation (investigation) - stage of criminal trial from the moment of initiation of legal proceedings and to the direction the prosecutor it in court for consideration on the merits of case with introduction of data on movement of case and proceeding decisions in the Unified register of crimes;
56) the investigator - the official, authorized to perform pre-judicial production;
57) investigative actions - the actions which are carried out by the investigator, the prosecutor in the procedure established by this Code on collecting and research of the data important for case;
58) the investigative judge - the judge applying the measures limiting the rights and freedoms of the person accused the exercising judicial control of legality of actions (failure to act) and decisions of the official of body of inquiry, the investigator, head of the investigation team, prosecutor;
59) investigation verification - stage of pre-judicial production from the moment of registration of a statement or the message on crime in the Unified register of crimes before decision making about initiation of legal proceedings or about refusal in initiation of legal proceedings;
60) the dwelling - the individual apartment house with the residential and non-residential premises entering it, the premises irrespective of pattern of ownership entering housing stock and used for permanent or temporary residence, and other room or structure which is not entering housing stock, but used for temporary residence is equal;
61) night time - period from 22:00 till 06:00 o'clock;
62) the resolution - the decision, except for sentence, taken out by the judge (court) in case of criminal proceeding; decision of the investigative judge; the court resolution of the Supreme Court which is taken out in case of review of the corresponding court resolution which took legal effect; the decision of the investigator, head of investigating body, the prosecutor which is taken out in case of pre-judicial production;
63) the chairman - the judge who directs judicial session by joint consideration of criminal case, and also the judge considering criminal case solely;
64) transfer of person condemned to imprisonment - transfer of person condemned by court of one state for further serving sentence to other state which citizen it is or constantly lives in its territory;
65) the expert organization - the specialized organization, authorized state body created for the organization and production of examinations;
66) the conciliation agreement - the written agreement between the parties of criminal trial reached by them independently or by means of mediator;
67) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;
68) electronic case - criminal trial which is performed in electronic and digital form, the designating case movement, since registration of crime, investigation verification, the investigation, legal proceedings and execution of the punishment, created by data of the corresponding departmental information systems with opportunity to generate the procedural documents in paper form certified by means of the digital signature, accumulated in the Unified register of crimes;
69) the electronic medium - the external mobile material device used for record, storage and reproduction of information processed by means of computer aids;
70) extradition arrest - the interim measure on execution of the decision of competent authority of foreign state on the conclusion of person into custody after receipt, request about issue of foreign state applied by court concerning the searched person for the purpose of its issue (extradition) to foreign state;
71) the subject of entrepreneurship performing economic activity - the physical persons and legal entities registered in the procedure established by the law and performing on the risk and under the property responsibility the activities which are not prohibited by the legislation with revenue generating purpose regardless of their forms of business and patterns of ownership;
72) the legal entity - the organization which has in property economic maintaining or operational management the isolated property also answers for the obligations this property, can acquire and perform on its own behalf the property and personal non-property rights and obligations and to be claimant and the defendant in court.
Tasks of criminal trial are:
1) protection of the personality, society and state against crimes;
2) protection of the personality against illegal and insubstantial accusation, condemnation, restriction of its rights and freedoms;
3) bystry and complete investigation of crimes;
4) exposure and criminal prosecution of persons who committed crimes;
5) fair legal proceedings and correct application of the penal statute;
6) immediate and complete rehabilitation in cases of illegal accusation or condemnation of the innocent;
7) ensuring compensation of material damage and moral harm.
1. Criminal trial in the Kyrgyz Republic is performed with respect for the principle of supremacy of law according to which the person, its rights and freedoms are recognized the supreme values.
2. The official of body of inquiry, the investigator, the prosecutor, the investigative judge, court, other bodies and persons participating in criminal trial shall observe strictly provisions of the Constitution, of this Code and other laws of the Kyrgyz Republic.
1. Justice on criminal cases in the Kyrgyz Republic is performed only by court. In the cases provided by this Code, criminal trial is performed with participation of jury members.
2. Nobody can be found guilty of crime execution, and also will subject to criminal penalty differently as according to the court verdict.
3. Competence of court, limits of its jurisdiction, procedure it criminal trial are determined by the law and cannot be randomly changed. The organization of emergency or special courts for consideration of criminal cases is not allowed. Sentences and other decisions of emergency courts, and also others illegally the founded courts have no legal force and are not subject to execution.
4. The sentence and other judgments on criminal case can be checked and reviewed only by the relevant courts according to the procedure, provided by this Code.
1. Judges are independent and submit only to the Constitution and the laws of the Kyrgyz Republic.
2. Intervention in activities of judges for implementation of justice is forbidden and attracts legal accountability.
3. Independence of judges is guaranteed by the Constitution.
Court, the prosecutor, the investigator shall provide to the victims from crime access to justice and compensation of damage suffered in the cases and procedure established by the law.
1. The respect of honor and advantage of the personality is obligatory for all bodies and persons participating in criminal trial.
2. Application of threats, violence and other illegal measures when carrying out investigative, judicial and other legal proceedings is inadmissible.
3. Content of person concerning which as measure of restraint detention is chosen and also person detained on suspicion of crime execution shall be performed in the conditions excluding threat of his life and to health.
4. None of persons participating in case can be exposed to violence, tortures and another to the cruel or degrading human dignity address and punishment.
1. Nobody can be taken into custody differently as on the basis and according to the procedure, provided by this Code. To the judgment person can be subjected to detention for the term of no more than 48 hours, and concerning the child - no more than 24 hours.
2. Court, the prosecutor, the investigator and body of inquiry shall exempt immediately any illegally detainee or imprisoned or illegally the over the term placed in medical or psychiatric hospital, or being held in custody provided by this Code.
3. Any evidence obtained by application of tortures or ill treatment shall not be accepted in court.
1. Judicial protection of its rights and freedoms is guaranteed to everyone at all stages of criminal trial.
2. Court, the prosecutor, the investigator and body of inquiry shall provide protection of the rights and freedoms of the citizens who are involved in criminal trial to create conditions for their implementation, to take timely measures to satisfaction of legal requirements of participants of process.
3. Nobody shall witness against himself, the () the spouse (spouses) and (or) close relatives whose circle is determined by this Code.
4. The harm done to the citizen as a result of violation of its rights and freedoms in case of criminal proceeding is subject to compensation on the bases and according to the procedure, established by the law.
5. In the presence of sufficient data that to the victim, the witness or other persons, and also their close relatives, the spouse (spouse) participating in case are threatened with violence, destruction or damage of property or other dangerous illegal actions court, the prosecutor, the investigator, body of inquiry shall take within the competence the measures for protection of life, health, honor, advantage and property of these persons provided by the law.
6. The court in case of detection of the facts specifying innocence of the person accused shall acquit him.
7. The prosecutor in case of detection of the facts specifying innocence of the suspect, person accused shall take measures for the termination of criminal prosecution of this person, and concerning the person accused - to refuse maintenance of accusation in court.
8. The investigator in case of detection of the facts specifying innocence of the suspect, person accused shall stop criminal prosecution concerning this person.
9. Nobody can be condemned only on the basis of its own recognition in crime execution.
10. Nobody can be imprisoned only on the ground that he is not able to fulfill any civil obligation.
1. Everyone has the right to inviolability of home and other objects which are at it in property or other right. Nobody can get into the dwelling and other objects which are at it in property or other right against the will of the person in whose use they are.
2. Carrying out search, dredging, survey and implementation of other legal proceedings, and also penetration into the dwelling and other objects which are in property or other right are allowed only based on the judgment.
3. In the cases provided by this Code, the search, dredging, survey and implementation of other legal proceedings, and also penetration into the dwelling or other objects which are in property or other right are allowed without judgment. Legality and justification of such actions are subject to consideration by court.
4. Guarantees and the restrictions set by this Article extend also on legal entities.
1. The property is inviolable. Nobody can be randomly deprived of the property. Withdrawal of property without volition of the owner is allowed only by a court decision.
2. Withdrawal of the property belonging to the owner is possible under condition if it is the physical evidence on case, and also in the cases and procedure provided by this Code.
1. Restriction of the right of the citizen for the mystery of correspondence, telephone and other negotiations, post, cable, electronic and other messages is allowed only based on the judgment.
2. Seizure of post, cable departures and their dredging in organizations of communication, control and record of telephone and other negotiations, receipt of information on connections between subscribers and (or) subscriber devices can be made only based on the judgment.
1. Everyone is considered innocent in crime execution until his guilt is proved in the procedure provided by the law and is established by the adjudication which took legal effect.
2. Nobody shall prove the innocence. The burden of proof of fault and confutation of the arguments given to protection of the suspect, person accused lies on the party of accusation.
3. In case of collision of regulations of this Code those from them which correspond to the principles of criminal trial are subject to application.
Any doubts in guilt of the suspect, person accused are interpreted in their advantage. For benefit of the suspect, the person accused also the doubts arising in case of application of the criminal and criminal procedure laws shall be permitted.
4. The conviction cannot be based on assumptions.
1. Criminal trial is performed on the basis of equality and competitiveness of the parties of accusation and protection.
2. Accusation, protection and permission of case by court are separated from each other and are performed by different bodies and persons.
3. Court, keeping objectivity and impartiality, creates necessary conditions for implementation by the parties of their procedural law and obligations.
4. The parties participating in criminal trial are equal. The court bases the proceeding decision only on those proofs, participation in which research was on an equal basis provided to each of the parties.
5. The parties choose during criminal trial the line item, methods and means of its upholding independently and irrespective of court, other bodies and persons. The court according to the petition of the party shall render it assistance in the receipt of required materials according to the procedure provided by this Code.
1. The investigator shall take all measures provided by this Code for comprehensive, complete and objective investigation of the facts of the case, reveal the circumstances both catching, and acquitting the suspect, the persons accused and also mitigating and aggravating their responsibility.
2. The court researches the evidence which is available in case and produced. The court has no right to collect on own initiative corroborating evidences for the purpose of elimination of incompleteness of the investigation.
The court considering criminal case, keeping objectivity and impartiality, creates to the parties of accusation and protection necessary conditions for realization of their rights to comprehensive and complete investigation of the facts of the case.
3. In case of production of the consequence of criminal case the investigator shall establish the reasons and conditions promoting crime execution. In the presence to that the bases the investigator issues the decree which draws the attention of officials of state bodies and other organizations to the facts of violation of the law, the reason and condition determined for case promoting crime execution and requiring acceptance of adequate measures.
Private determination is taken out by superior court in case of detection of the violations of the law allowed in case of trial put subordinate court.
1. The suspect, the person accused, the convict, justified have right of defense.
2. The right of defense is provided also to person concerning whom production on application of enforcement powers of medical nature is conducted.
3. In the cases provided by this Code, obligatory participation of the lawyer and (or) legal representative of the suspect, the person accused it is provided with the officials performing criminal trial.
4. In the cases provided by this Code the suspect, the person accused, the convict, justified have the right to use the legal aid guaranteed by the state according to the procedure, determined by the law.
1. Criminal trial is conducted in the state and (or) official languages.
2. The right to make statements, to give evidences, to declare petitions, to get acquainted with case papers, to appear in court in the native language and to use translation service is provided to the persons participating in case not knowing language in which legal proceedings are conducted.
Actions (failure to act) and the judgments, the prosecutor, the investigator, the head of investigative division, body of inquiry can be appealed in the procedure established by this Code.
1. In case of execution of the obligations the judge, the jury member, the prosecutor and the investigator shall not be under the influence of prejudice or personal interest in the outcome of the case, test bias concerning the specific criminal case considered by it or be effective unfairly to please interests of one party to the detriment of another.
2. The judge, jury members, and also the prosecutor, the investigator estimate proofs on the internal belief based on set of the available proofs, being guided at the same time by the law.
3. Assessment of proofs the investigator, the prosecutor during pre-judicial production has no obligatory value for the judge.
4. No proofs have predefined force and are estimated by the judge in total.
1. Depending on nature and severity of the committed crime criminal prosecution is performed in private and public and public procedure.
2. Criminal cases about crimes of small weight and about less serious crimes, and also the crimes provided by part 1 of Article 154 and part 1 of article 155 of the Criminal code belong to cases of private and public accusation.
The investigation of cases of private and public accusation is begun precisely according to the statement of the victim or his legal representative and can be stopped in connection with conciliation of the parties according to article 57 of the Criminal code.
3. The investigator, the prosecutor begins pre-judicial production about any crime specified in part 2 of this Article and in the absence of the statement of the victim or his legal representative if this crime is committed concerning person who owing to dependent or helpless condition or for other reasons cannot protect the rights and legitimate interests.
4. Cases on other crimes are cases of public accusation. Criminal prosecution on these cases is performed irrespective of filing of application by the victim.
1. Criminal prosecution on behalf of the state for private and public and public accusation is performed by the investigator, the prosecutor.
2. In each case of detection of essential elements of offense the investigator, the prosecutor take the measures for establishment of event of crime, person accused of crime execution provided by this Code.
3. The investigator, the prosecutor in the cases provided by part 4 Articles 24 of this Code are authorized to perform criminal prosecution on cases irrespective of declaration of will of the victim.
4. The requirements, orders and requests of the investigator, prosecutor, body of inquiry shown within their powers established by this Code are obligatory for execution by all organizations, companies, organizations irrespective of patterns of ownership, officials and citizens of the Kyrgyz Republic.
1. The victim, and in case of his death or inability on age or the state of health to express the will in criminal trial, - any of his full age close relatives, the spouse (spouse) have the right according to the procedure, provided by this Code, to participate in criminal prosecution of the suspect, person accused.
2. The refusal of the prosecutor during legal proceedings from accusation does not deprive of the injured right to hold charges.
3. If the victim or his legal successor at any moment of production comes to the conclusion about innocence (non-participation) of the suspect, person accused, then he has the right to refuse criminal prosecution or maintenance of accusation and to state to the investigator, the prosecutor, court motives of refusal.
1. Criminal case cannot be brought, and the initiated proceedings are subject to the termination:
1) behind the absence of evidence of a crime;
2) behind absence in act of actus reus;
3) behind legitimacy of the act which did harm owing to the penal statute: justifiable defense; emergency; physical or mental compulsion; detention of person who committed crime; execution of the law, order (order), obligations on position; reasonable risk; accomplishment of special task;
4) in the absence of the statement of the victim in the cases provided by this Code;
5) concerning person about whom are available the court verdict which took legal effect on the same accusation or other not cancelled judgment which established impossibility of criminal prosecution;
6) concerning person about whom there is not repealed resolution of the investigator, the prosecutor about refusal in initiation of legal proceedings or diversion on the same act;
7) concerning the dead by the time of implementation of criminal trial, except as specified, when proceeedings are necessary for rehabilitation of the dead or legal investigation concerning other persons;
8) concerning person who voluntarily refused finishing crime up to the end;
9) concerning person which is subject to release from criminal liability owing to provisions of the Special part of the Criminal code;
10) in connection with act decriminalization;
11) owing to the act of amnesty if it eliminates application of punishment for committed act;
12) behind lapse of time of criminal prosecution;
13) in case of refusal of the private and public accusation which was injured from maintenance and (or) in case of achievement of consent of the person accused with the victim according to Chapter 58 of this Code and according to the procedure, stipulated in Article 57 Criminal codes;
14) in case of refusal of the prosecutor during legal proceedings from accusation maintenance.
2. Criminal case can be dismissed against the accused child in connection with its removal from justice system in cases, stipulated in Article the 467th of this Code.
3. If the circumstances specified in Items 1 and 2 of part of 1 this Article are found in stage of legal proceedings, the court finishes trial of case and decides the verdict of not guilty.
4. Diversion on the bases specified in Items 10-12 and 14 of part of 1 this Article is not allowed if the person accused objects to it. In this case proceeedings proceed and come to the end in the presence to that the bases with the resolution of the verdict of not guilty or conviction with release of the convict from serving sentence.
5. Diversion on the basis specified in Item 13 parts of 1 this Article is not allowed if the person accused objects to it. In this case proceeedings proceed and come to the end in the presence to that the bases with the resolution of the verdict of not guilty or conviction.
Diversion on the basis specified in Item 13 parts of 1 this Article is not allowed:
1) on the criminal cases brought according to part 2 of article 155 of this Code;
2) if person committed crime as a part of organized group or the criminal organization;
3) on the criminal cases brought according to part 4 of article 312 of the Criminal code.
6. The circumstances specified in Items 1-6, 8 and 10 of part of 1 this Article belong to rehabilitating.
1. The court performs justice on criminal cases.
2. Criminal cases shall be considered by independent, competent and just trial.
1. Consideration of criminal cases is performed by the judge solely or court jointly. The structure of court for consideration of specific case is created taking into account specialization of judges according to the procedure, excluding influence on its forming of persons interested in the result of legal proceedings including with use of the automated system.
2. Consideration of criminal cases in Trial Court is performed by the judge solely, except the criminal cases provided by part 3 of this Article.
3. Consideration of criminal cases with participation of jury members is performed by court by the rules established by Chapter 45 of this Code.
4. Consideration of criminal cases in appeal procedure is performed by judicial board as a part of 3 judges.
5. Consideration of criminal cases according to the procedure of the cassation is performed by judicial board of the Supreme Court as a part of 3 judges.
6. By consideration of criminal case by court as a part of board one of the colleague's members at the request of the chairman of this court or its deputy presides.
7. In cases when there are circumstances interfering judges of one board to be involved in consideration of the case in appellate instance, the chairman of the regional and equated to it court, and in cassation instance - the chairman of the Supreme Court, his deputies have the right to recruit in consideration of the case of judges of other board.
8. Judicial control in pre-judicial production is exercised by the investigative judge solely.
1. The judge within the competence considering case solely, performing administrative actions for preparation of court session or the ensuring execution of sentence or other decision resolving petitions and claims possesses powers of court.
2. The judge considering case in structure of board of judges has the equal rights with the chairman and other judges in case of the solution of all questions which arose in connection with case in point. In case of disagreement with opinion of other judges on cases in point the judge has the right to state special opinion in writing.
1. The court is competent:
1) to find person not guilty;
2) to find person guilty of crime execution and to impose to it penalty;
3) to qualify acts on regulations of the Criminal code and to impose to the person accused penalty in cases when criminal trial is performed with participation of the jury members who rendered the guilty verdict of the person accused;
To apply 4) to person enforcement powers of medical nature and (or) forced treatment;
To apply 5) to person the enforcement powers of educational nature applied to children;
6) to cancel or change the decision made by subordinate court;
7) on criminal cases to direct the person accused and the victim to information meeting with mediator;
8) to make other decisions provided by this Code.
2. Judicial control of observance of human rights and freedoms during pre-judicial production is exercised by the investigative judge.
3. The court has the right to renew and reconsider case on new or to newly discovered facts.
1. The investigative judge during pre-judicial production is competent to make decisions:
1) about legality and justification of detention of person suspected of crime execution;
2) about application of measure of restraint in the form of pledge, house arrest, extradition arrest, detention;
3) about prolongation of terms of measure of restraint;
4) about change of measure of restraint;
5) about the room of the person accused who is not in custody in medical or psychiatric hospital for production of the corresponding examinations;
6) about property attachment, including the money of physical persons and legal entities which is on accounts and in deposits or stored in banks and other credit institutions on securities and their certificates;
7) about temporary discharge of the person accused from position;
8) about production of exhumation in the absence of the consent of close relatives, the spouse (spouses) of the dead;
9) about carrying out survey of the dwelling, and also other objects which are in property or other right of persons living in it in the absence of their consent;
10) about production of dredging and (or) search;
11) about carrying out the special investigative actions provided by this Code, except for special investigative actions, specified in Articles 237-239 of this Code;
12) on other questions provided by this Code.
2. Within implementation of judicial control the investigative judge considers claims of participants of criminal trial to actions (failure to act) and decisions of body of inquiry, the investigator, the prosecutor, the head of investigative division.
3. In the cases provided by this Code, the investigative judge:
1) deposits during the investigation testimonies of the witness or the victim according to the petition of one of the parties;
2) resolves issue of the address to the income of the state of pledge in cases if the person accused allowed one of the violations provided by part 6 of article 112 of this Code;
3) makes the decision on application of measures for safety on witnesses, the victims and other participants of criminal trial;
4) is approved by the procedural agreement on recognition of fault.
4. The investigative judge shall not determine questions which according to this Code can be cognizance item in case of permission of case on being, instruct in the direction of investigation and carrying out investigative actions, to make actions and to make decisions instead of persons performing pre-judicial production, the prosecutor.
1. When implementing criminal trial jury members resolve the questions provided by Items 1, 2 and 4 parts 1 of article 350 of this Code, delivered before them according to the procedure with participation of jury members, established by this Code.
2. Jury members have the right:
1) to participate in research of all proofs considered in court to have opportunity independently, on the internal belief to estimate the facts of the case and to give answers to questions which will be raised before jury of assessors;
2) to ask participants of criminal trial matters which are referred in writing to the chairman by the foreman;
3) to participate in survey of physical evidences, documents, in carrying out surveys of the area and room, in all other actions on research of proofs;
4) to ask the chairman to explain the provisions of the law, relevant, and others questions, not clear for them;
5) to do written notes during judicial session.
3. Jury members shall:
1) to observe procedure during judicial session and to submit to legal orders of the chairman;
2) to be in time specified by court for continuation of judicial session if the break appears or hearing of the case is postponed;
3) not to leave courtroom during hearing of the case;
4) not to communicate with persons which are not part of court concerning circumstances of the considered criminal case;
5) not to collect the data on case in the course of trial of case and out of judicial session;
6) not to break the mystery of meeting and vote of jury members on the questions raised before them;
7) not to disclose the data which became known for it during the closed judicial session and also the facts which became known to them about jury members in case of their selection;
8) not to disclose the data constituting the state secrets or other secret protected by the law if such data are available in the considered criminal case. In such cases at jury members the subscription about nondisclosure undertakes.
4. Failure to carry out by the jury member of the obligations provided by this Article attracts discharge of the jury member by the chairman from further participation in consideration of the case and the responsibility established by the law.
1. The Attorney-General within the competence adopts legal acts concerning application of regulations of this Code which are obligatory for execution by criminal prosecution authorities.
2. The prosecutor - the official authorized within the competence provided by this Code to perform:
1) supervision of execution of the laws in the field of the state legal statistics and accounting;
2) supervision of compliance with laws by the bodies performing operational search activities, pre-judicial production;
3) pre-judicial production;
4) maintenance of crown case in court;
5) representation of interests of the citizen or the state in court;
6) supervision of execution of judgments.
3. In criminal trial the prosecutor is independent and submits only to the law.
1. The prosecutor during criminal trial is authorized:
1) to check legality of execution of acceptance, registration and permission of messages on the committed or preparing crimes, completeness and the accuracy of the data entered in the Unified register of crimes;
2) to have full access to the materials, documents and other data concerning pre-judicial production;
3) to exercise supervision of execution of the laws by the bodies performing operational search activities and inquiry;
4) to begin and conduct pre-judicial production, using the powers of the investigator provided by this Code;
5) to bring criminal case, to charge, to transfer for investigation to the investigator or group of investigators, the subordinate prosecutor criminal cases according to competence, in exceptional cases - irrespective of competence. Exceptional cases are: non-objective conducting legal investigation by the investigator; rendering pressure upon the investigator from officials under whose supervision he is, for the purpose of adoption of this or that decision; the public importance put; feasibility of carrying out investigation of case by the body which revealed crime on this case;
6) to check legality of detention and to issue the decree on release of persons detained with violation of requirements of this Code;
7) to exercise supervision of execution of the laws by the bodies performing pre-judicial production;
8) to give to body of inquiry, the investigator written instructions about production of these or those legal proceedings;
9) to issue decrees on carrying out audit, inventory count and (or) purpose of examinations;
10) to consider objections of the investigator not concordant with instructions of the prosecutor exercising supervision;
11) to cancel illegal and unreasoned decisions of the investigator, head of investigative division, the subordinate prosecutor, to issue decrees on suspension, suit abatement;
12) to demand from body of inquiry, the investigator of elimination of the violations of the law allowed during pre-judicial production;
13) to agree or refuse to the investigator excitement before court of the petition for application, change of measure of restraint in the form of pledge, house arrest, detention, about prolongation of term of detention of the person accused which are allowed based on the judgment, and also on extradition arrest;
14) to agree or refuse consent to the investigator on excitement before court of the petition for carrying out special investigative actions;
15) to approve the resolution and the agreement on removal of the child from system of criminal trial;
16) to prolong terms of pre-judicial production or to refuse their prolongation;
17) to resolve claims to decisions and actions (failure to act) of body of inquiry, the investigator, the subordinate prosecutor;
18) to resolve the branch declared to the investigator and also its rejection;
19) to issue decrees on discharge of the investigator and the subordinate prosecutor from further participation in implementation of pre-judicial production on this case if they allow violation of the law;
20) to address to relevant organs with ideas of deprivation of immunity from prosecution of persons using it if these persons are subject to attraction as the person accused;
21) to satisfy or refuse satisfaction of the petition for agreement signature about recognition of fault;
22) to give instructions about application of measures of protection of the victim, witness and other persons participating in criminal trial;
23) to approve the indictment, the resolution on application of enforcement powers of medical nature on criminal case or to return case to the investigator with the written instructions for production of additional investigative actions, to exclude the resolution separate Items of the indictment or to requalify actions of the person accused towards mitigation either to dismiss criminal case or to dismiss criminal case in part;
24) to hold charges in court;
25) to refuse criminal prosecution and (or) to change the brought charge;
26) to appeal judgments according to the procedure, established by this Code;
27) to perform other powers provided by this Code.
2. Written instructions of the prosecutor to investigation authorities and the inquiries in connection with carrying out pre-judicial production this according to the procedure, provided by this Code, are obligatory for these bodies.
Appeal of the received instructions to the higher prosecutor does not stop their execution.
1. The investigator is the official authorized within the competence provided by this Code to perform the investigation of criminal case.
2. The investigator begins and conducts investigation verification, the investigation and performs the investigative operations provided by this Code.
3. The investigator accepts all decisions on the direction of investigation verification, investigation and production of investigative actions independently, except as specified, when the law provides receipt of consent of the prosecutor or the decision of the investigative judge established by this Code and bears responsibility for their legal and timely production.
1. The investigator is authorized:
1) to make investigative actions according to requirements of this Code;
2) to take measures for compensation of material damage and moral harm to the victim;
3) to request the documents, materials containing data on incident and persons, involved in it;
4) to issue decrees on carrying out audit, inventory count and (or) purpose of examinations;
To receive 5) from body of inquiry in connection with pre-judicial production of the data on conducting investigation and search operations and the taken measures for disclosure of crime, detection of the disappeared persons and the missing of property;
To give 6) to body of inquiry written orders, obligatory for it, about conducting investigation and search operations and (or) special investigative actions for criminal case;
To charge 7) to body of inquiry execution of decisions on detention, the drive, and also to receive according to the requirement from body of inquiry assistance when implementing investigative, special investigative and other legal proceedings;
8) to charge to body of inquiry to perform measures for safety concerning witnesses, the victims and other participants of criminal trial;
9) to demand from the relevant state and other organs of assistance of specialists and experts;
10) in case of need to involve the translator to participation in criminal proceeding;
11) to detain person concerning whom there is reasonable suspicion of crime execution;
12) to provide participation of the lawyer in criminal proceeding, and concerning persons having the right to the legal aid guaranteed by the state, to require assignment of counsel;
13) to issue the decree on involvement of person as the person accused and to bring charge;
To recognize 14) as the victim and to allow his representative to participation in pre-judicial production;
15) to resolve the branches declared to the translator, the specialist, the expert;
16) to resolve petitions in connection with criminal proceeding;
17) to resolve claims within competence;
18) to represent petitions for application, change and prolongation of measures of restraint and for application of other measures of ensuring criminal trial;
19) to issue decrees on acceptance, suspension, renewal, the termination of pre-judicial criminal proceeding;
20) to follow written instructions and orders of the prosecutor;
21) to direct the suspect, the person accused and the victim to information meeting with mediator;
22) to constitute the agreement and to issue the decree on removal of the child from system of criminal trial;
23) to perform other powers provided by this Code.
2. In case of the investigator's disagreement with the decision of the prosecutor on criminal case the investigator has the right to address the higher prosecutor with written statement of the objections. In this case the higher prosecutor has the right to cancel the resolution the decision of the subordinate prosecutor or production of the investigation to charge to other investigator.
3. The resolution of the investigator on criminal case is obligatory for execution by heads of the organizations. Non-execution of the resolution of the investigator attracts responsibility according to the law.
1. The head of investigative division organizes pre-judicial production.
2. The head of investigative division is authorized:
1) to charge pre-judicial production to the investigator or group of investigators, and also to withdraw criminal case from the investigator and to transfer to his another with obligatory specifying of the bases of such transfer;
2) to discharge the investigator of further production of investigation if it allows violation of requirements of this Code;
3) to exercise control of timeliness and reliability of the entered data in the Unified register of crimes, and also actions of investigators for the criminal cases and materials which are in their production, observance by investigators of period of investigation, detention and house arrest, execution of written instructions and orders of the prosecutor, orders of other investigators in the cases established by this Code;
4) the head of investigative division has the right to be involved in investigation of the criminal case which is in production of the investigator personally to hold the investigation, using at the same time powers of the investigator.
3. Instructions of the head of investigative division for criminal case cannot limit independence of the investigator, its right, stipulated in Clause the 37th of this Code. Are instructed the investigator in writing and are obligatory for execution, but in case of its disagreement can be appealed to the prosecutor.
1. Treat bodies of inquiry:
1) law-enforcement bodies;
2) bodies and organizations of criminal executive system;
3) commanders of military units, connections and chiefs of military organizations;
4) commanders of boundary parts;
5) commanders of aircrafts;
6) bodies of homeland security;
7) customs authorities;
8) bodies of service of emergency situations;
9) heads of prospecting batches, expeditions in the remote areas;
10) heads of diplomatic representations and consular establishments of the Kyrgyz Republic.
2. Body of inquiry within the competence:
1) provides registration in the Unified register of crimes of statements, messages on the committed or preparing crime;
2) takes measures to preserving traces of incident;
3) performs the investigation and search operations which are not limiting constitutional rights of citizens for the prevention, controls of offenses, detection and search of persons who committed crimes and also at the request of the investigator investigation and search operations on special investigative actions for disclosure of crime and collecting of proofs;
Provides 4) to the prosecutor and the investigator acting within the competence, the data and materials requested by them;
5) follows written instructions and orders of the prosecutor, the order of the investigator, including the order about application of measures of protection of the victims, witnesses, other persons participating in criminal trial;
6) is performed by the drive;
7) carries out written orders and court orders according to this Code;
8) exercises control of observance of conditions and procedure for the chosen measure of restraint.
3. The bodies of inquiry specified in Items 3-5, 7-9 and 10 of part of 1 this Article take urgent measures only for preserving traces of incident with transfer of collected materials to the investigator or prosecutor on the competence determined by this Code.
1. The victim is the physical person to which the crime does physical, moral harm and (or) material damage.
Acknowledged legal entity to whom the crime does property harm can be the victim. In this case the rights and obligations of the victim are performed by the representative of the legal entity.
2. The rights and obligations of the victim arise at physical person or legal entity from the moment of pronouncement of the resolution on recognition by his victim.
If the death of the physical person was caused by crime or person is in condition which excludes filing of application, one person from among close relatives, spouses (spouse) which submitted the application for attraction it as the victim is recognized to the victims, and in the presence of several statements - several persons can be recognized as the victims.
After person who was in condition which excluded possibility of filing of application is able to use the rights, it can submit the application for attraction it as the victim.
If person did not submit the application for making concerning it of crime or the statement for attraction it as the victim, then the investigator, court can recognize person injured only from its written consent. In the absence of such consent person, in case of need, is brought in as a witness.
3. The investigator, court shall recognize person injured from the moment of receipt of the statement for crime execution or the statement for involvement of person as the victim.
In the presence of good causes to consider that the statement for crime execution or the application for attraction as the victim is submitted by person to whom material damage and (or) moral harm is not caused, the investigator, court issue the decree on refusal in recognition by the victim which can be appealed to the prosecutor or in court.
4. The victim has the right:
1) to know essence of the charge brought to the person accused;
2) to give evidences in the native language or language which knows;
3) to produce the evidence;
4) to declare petitions and branches;
5) to use translation service;
6) to have the representative;
7) on the legal aid guaranteed by the state in the cases provided by the law;
8) to undergo survey in medical institution;
9) to participate in the investigative actions which are carried out according to its petition or the petition of his representative;
10) to get acquainted with protocols of the investigative actions which are carried out with its participation, to receive their copies and to submit on them notes;
11) to get acquainted upon termination of pre-judicial production with all criminal case file and to receive their copies, except for the data constituting the state secrets;
12) to receive copies of resolutions on recognition it by the victim, about the termination of criminal prosecution, the indictment, and also copy of judgments;
13) to participate in court;
14) to act in judicial debate, to hold charges;
15) to get acquainted with the protocol of judicial session and to submit on it notes;
16) to bring claims to actions and decisions of body of inquiry, the investigator, the head of investigative division, the prosecutor and court;
17) to appeal judgments;
18) to be informed on the claims brought on case, representations and to give on them objections;
19) to be involved in judicial review of claims and representations;
20) to receive at the expense of the state compensation of the damage caused by crime in the cases established by the law;
To receive 21) back the property withdrawn from it during criminal trial as physical evidences or on other bases, withdrawn from person who committed crime, originals of the official documents belonging to it;
To receive 22) from the suspect, the person accused condemned compensation of the property damage and (or) moral harm done by crime;
23) to conciliate, including according to the procedure of mediation, in the cases provided by the law.
5. The victim shall:
1) to be on challenge of body of inquiry, the investigator, prosecutor, court;
2) to give evidences, to report truthfully all known to it on case;
3) to provide the objects which are available for it, documents, and also samples for comparative research;
4) to be exposed to survey upon the demand of body of inquiry, the investigator, the prosecutor, court;
5) not to disclose data on the circumstances known to it on case if he was in advance warned about it according to the procedure, stipulated in Clause the 167th of this Code;
6) to observe the procedure established by this Code when carrying out legal proceedings and during judicial session;
7) in case of the direction the investigator or court to be on information meeting with mediator.
6. In case of absence of the victim on challenge without valid excuse it is exposed to the forced drive.
7. The victim bears the responsibility provided by articles 364 and 365 of the Criminal code for refusal or evasion of evidence and making obviously false evidences.
8. The victim shall not give evidences against himself or against the close relatives, the spouse (spouses).
9. Participation in case of the legal representative and the representative of the victim does not deprive of it the rights provided by this Article.
10. In case of impossibility to indemnify material damage and (or) moral harm at the expense of the suspect, the person accused condemned compensation of material damage and (or) moral harm to the victim it is made at the expense of specialized fund according to the procedure, determined by the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers).
1. Private prosecutor is the victim for private and public accusation who is independently holding charges in court in case of refusal of the state prosecutor from accusation.
2. The private prosecutor is allocated with the rights, stipulated in Article the 295th of this Code.
1. Lawyers and other persons can be the representative of the victim, competent by law to represent legitimate interests of the victim in case of criminal proceeding.
As the representative of the victim the spouse (spouse), one of close relatives of the victim or the other person for whose admission the victim petitions can be also allowed. Powers of such persons are confirmed by the power of attorney which is drawn up properly.
2. For protection of the rights and legitimate interests of the victim who is the child or on the physical or mental condition deprived of opportunity independently to protect the rights and legitimate interests, their legal representatives are involved in obligatory participation in case.
3. The representative of the victim has the same procedural law and obligations, as the victim.
4. Personal participation in case of the victim does not deprive of it the right to have on this case the representative.
5. His head, person authorized by the law or statutory documents or person which is acting on the basis of the power of attorney can be the representative of the legal entity who is victim.
1. Suspect is person:
1) detained on suspicion of the crime execution according to the procedure provided by this Code;
Concerning which 2) criminal case is brought;
3) interrogated as the suspect.
2. The body of the investigation has no right to keep the detainee in the suspect's provision over 48 hours. By the time of the expiration of the specified term the body of the investigation exempts the detainee or brings charge using measure of restraint.
3. Person ceases to stay in provision of the investigation of the resolution on the termination of criminal case suspected from the moment of removal by body or attraction it as the person accused.
1. The suspect has the right:
1) the nobility what he is suspected of;
2) to receive copies of the resolution on initiation of legal proceedings, resolutions on detention;
3) to receive written explanation of its rights;
4) to protect itself personally or by means of the lawyer chosen by it;
5) during detention on one productive free and controlled telephone conversation;
6) to have the lawyer from the moment of the first interrogation, and during detention - from the moment of the actual detention, and in case of absence of the chosen lawyer - on the legal aid guaranteed by the state;
7) on the legal aid guaranteed by the state in the cases provided by the law;
8) on appointment to the lawyer alone, without restrictions of their quantity, duration and in the conditions excluding possibility of listening;
9) to give evidences or to refuse making the indication;
10) to give evidences in the native language or language which knows;
11) to use translation service;
12) to produce the evidence;
13) to declare petitions and branches;
14) to get acquainted with protocols of the investigative actions which are carried out with its participation and to submit notes which are entered in minutes, and also to receive their copies;
15) to participate with the permission of the investigator in the investigative actions which are carried out according to its petition or the petition of the lawyer or legal representative;
16) to bring claims to actions of the employee of bodies of inquiry, action and the decision of the investigator, the prosecutor;
17) on medical examination and the help of the doctor after the actual detention;
18) to conciliate, including according to the procedure of mediation, with the victim in the cases provided by the law.
2. The suspect shall:
1) to be on challenge of the body conducting legal investigation;
2) to submit to requirements of the investigator, prosecutor.
3. The suspect can be exposed upon the demand of the body running investigation of criminal case:
1) to examination, and also personal search during detention;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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