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LAW OF THE KYRGYZ REPUBLIC

of October 31, 2002 No. 150

About procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes

(as amended on 23-04-2021)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on October 3, 2002

Chapter I. General provisions

Article 1. Tasks of this Law

This Law establishes procedure and conditions of detention (pre-trial detention) of persons detained on suspicion and accusation in making of crimes and also guarantees observance of their rights and legitimate interests.

Note: the procedure and conditions of detention is understood as the mode of pre-trial detention centers, temporary detention centers and guardrooms.

Article 2. The basic concepts containing in this Law

In this Law the following concepts are used:

the suspect - person concerning whom on suspicion of crime execution criminal case is brought or is applied detention before election of measure of restraint;

the person accused - person concerning whom in the procedure established by the law the decree on attraction it as the person accused in crime execution is issued;

the defendant - person accused of crime execution concerning which criminal case is accepted to production by court;

the convict - person concerning whom the court pronounces conviction.

Article 3. The purposes of detention of suspects and crimes accused of making

Detention of suspects and the crimes accused of making (further - detention) is performed for realization of the purposes provided by the Code of penal procedure of the Kyrgyz Republic.

Article 4. Principles of detention

Detention is performed according to the principles of legality, equality of all citizens before the law, humanity, respect of human dignity, the principles and rules of international law, and also international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic, and shall not be followed by the tortures, other actions aiming at causing physical or moral sufferings by the suspect and person accused of making of crimes who is held in custody.

Article 5. Bases of detention

The basis of detention of persons detained on suspicion of making of crimes is the protocol of detention constituted according to the procedure, established by the Code of penal procedure of the Kyrgyz Republic.

The basis of detention of persons accused to whom as measure of restraint detention is applied is the decree (determination) of the judge (court) issued according to the procedure, established by the Code of penal procedure of the Kyrgyz Republic.

Article 6. Legal status of suspects and persons accused

Suspects, persons accused and convicts (on not become effective sentences) are considered innocent until their guilt is proved in the procedure provided by the law and is established by the court verdict which took legal effect (further - suspects and persons accused). They have the rights and freedoms and perform the duties established for citizens of the Kyrgyz Republic with the restrictions provided by this Law and other laws of the Kyrgyz Republic.

Discrimination of suspects and persons accused on bases of sex, races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations and on other circumstances is not allowed.

Article 7. Places of detention of suspects and persons accused

Places of detention of suspects and persons accused are:

- pre-trial detention centers of criminal executive system;

- pre-trial detention centers of bodies of homeland security of the Kyrgyz Republic;

- temporary detention centers of the suspected law-enforcement bodies of the Kyrgyz Republic;

- temporary detention centers of the suspected bodies of homeland security of the Kyrgyz Republic;

- guardrooms (garrison guardrooms) of Armed Forces of the Kyrgyz Republic;

- the paragraph of the seventh ceased to be valid according to the Law of the Kyrgyz Republic of 23.04.2021 No. 56

Note: persons brought to trial on suspicion and accusation in making of crimes by bodies of prosecutor's office, customs, financial police of the Kyrgyz Republic are held in custody in the temporary detention centers (TDC) of law-enforcement bodies of the Kyrgyz Republic and pre-trial detention centers (pre-trial detention center) of criminal executive system. They can contain also persons, suspects and persons accused in making of crimes and brought to trial by bodies of homeland security, in case of absence at them territorial temporary detention centers and pre-trial detention centers.

Article 8. Pre-trial detention centers

Pre-trial detention centers of criminal executive system, and also pre-trial detention centers of bodies of homeland security of the Kyrgyz Republic are intended for content of the crimes accused of making to which as measure of restraint detention is applied. Pre-trial detention centers have rights of the legal entity.

Pre-trial detention centers of criminal executive system are created and liquidated by the Government of the Kyrgyz Republic and are the organizations which are a part of the system of territorial authorities of criminal executive system.

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