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The document ceased to be valid since January 1, 2019 according to article 4 of the Law of the Kyrgyz Republic of January 24, 2017 No. 10

CODE OF PENAL PROCEDURE OF THE KYRGYZ REPUBLIC

of June 30, 1999 No. 62

(as amended on 04-08-2018)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 24, 1999

General part

Section I. General provisions

Chapter 1. Basic provisions

Article 1. The laws determining criminal trial

(2) the international agreements which Came in the procedure established by the law into force which participant is the Kyrgyz Republic, and also the conventional principles and rules of international law are component of criminal procedure law and directly generate human rights and freedoms in the field of criminal trial.

(3) the Laws regulating procedure for criminal trial are subject to application on condition of their inclusion in this Code.

(4) In the Kyrgyz Republic the laws and other acts in the field of criminal trial canceling or diminishing the rights and freedoms of man and citizen breaking the independence of court and competitive forms of process giving to proofs predefined force, contradicting the conventional principles and rules of international law, provisions of international treaties of the independent state shall not be issued.

(5) If in course of production on criminal case there is need of consideration of question which shall be solved according to the civil or administrative right, it is solved according to the procedure of civil or administrative production.

Article 2. Application in criminal trial of the precepts of law prevailing

(1) the Constitution of the Kyrgyz Republic 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 of the Kyrgyz Republic Constitution regulations are effective.

(2) 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.

(3) the international agreements which Came in the procedure established by the law into force which participant is the Kyrgyz Republic have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law.

Article 3. Limits of operation of the criminal procedure law

(1) Criminal trial is performed according to the law existing at the time of production of the investigation and legal proceedings.

(2) Criminal trial in the territory of the Kyrgyz Republic in all cases, irrespective of the place of crime execution, is conducted according to this Code.

(3) Legal proceedings on cases on the crimes committed by foreign citizens and stateless persons are conducted in the territory of the Kyrgyz Republic according to regulations of this Code if other is not provided by the international treaties on mutual legal assistance signed with foreign states.

(4) In case of execution of orders of courts or investigating bodies of other state about production of separate investigative actions at the request of these bodies the criminal procedure law of foreign state can be applied if it is provided by the international treaty with this state.

(5) concerning persons having rights of diplomatic immunity, the legal proceedings provided by this Code are made only at their request or from their consent. Consent to these actions is asked through the Ministry of Foreign Affairs of the Kyrgyz Republic.

(6) 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.

(7) Admissibility of proofs is determined according to the law existing at the time of their obtaining.

Article 4. Tasks of the criminal procedure law

(1) Tasks of criminal procedure are bystry and complete disclosure of crimes, exposure and criminal prosecution of persons which made them fair legal proceedings and the correct application of the penal statute.

(2) the procedure for production Established by the law on criminal cases shall provide protection against insubstantial accusation and condemnation, against illegal restriction of rights and freedoms of man and citizen, in case of illegal accusation or condemnation of the innocent - immediate and its complete rehabilitation, and also to promote strengthening of legality and law and order, the prevention of crimes, forming of respect for the right.

Article 5. Determination of the basic concepts containing in this Code

Basic concepts:

court - the judicial body considering criminal case in all degrees of jurisdiction, and also exercising judicial control of legality of investigative actions and decisions of the prosecutor, the investigator, body of inquiry in the cases provided by this Code;

Trial Court - the court authorized on direct establishment in judicial session of the facts of the case and the resolution of the judgment on it (sentence, the resolution);

Appeal Court - regional, Bishkek city the courts operating as a part of three judges, considering cases on claims and representations on the judgments which did not take legal effect;

court of cassation instance - the regional courts, the Bishkek city court operating as a part of three judges, considering cases on claims and representations on the judgments which took legal effect earlier not appealed in appeal procedure;

Supervisory Court - the Supreme Court of the Kyrgyz Republic considering case on claims, representations on the adjudications which took legal effect, determinations and resolutions;

the judge - the judge of any court, the chairman, the vice-chairman of court;

the chairman - the judge presiding when considering the case in court jointly or solely;

the parties - the bodies and persons performing in court on the basis of equal rights functions of accusation and protection;

participants of process - the investigator, the prosecutor (the state prosecutor), and also the victim (the private prosecutor), the defender, the suspect, the person accused, the civil claimant, the civil defendant and their representatives, the employee of authorized state body on protection of children, and also the other persons recruited in process;

the prosecutor is the Attorney-General of the Kyrgyz Republic, his deputies, prosecutors of the cities of Bishkek and Osh, areas, district and city prosecutors, military prosecutors and prosecutors equated to district (city) prosecutors, their deputies, heads of structural divisions of bodies of prosecutor's office, their deputies, the senior prosecutors, prosecutors of structural divisions of bodies of prosecutor's office, senior assistants and assistants to prosecutors given appropriate authority;

the investigator - the official of bodies of prosecutor's office, internal affairs, homeland security, on fight against economic crimes, criminal executive system, upravomochny to hold the investigation of criminal case;

the investigation - procedural form of pre-judicial activities of authorized bodies in the limits set by this Code of powers on identification, establishment and fixing of set of the facts of the case and involvement of persons who committed crime to criminal liability;

protection - the procedural activities performed by the party of protection for the purpose of providing the rights and interests of persons which are suspected of crime execution, confutations or mitigations of accusation, and also rehabilitation of persons which illegally underwent to criminal prosecution;

the witness - the full age person who is not interested in the outcome of the case, attracted to the certificate of the fact of production of investigative action, its course and results;

the applicant - person who addressed investigation authorities for protection according to the procedure of criminal trial of the (others) valid or expected right;

representatives - persons, representatives to represent legitimate interests of the victim, civil claimant, civil defendant by law or agreements;

legal representatives are parents, adoptive parents, guardians, custodians of the suspect, the person accused, the defendant or the victim, the civil claimant, and also representatives of the organizations and persons, on care or dependence of which there are suspect, the person accused or the victim, public defenders of the defendant;

As the public defender of the defendant representatives of legal entities, political parties, labor unions, human rights and other public associations are allowed.

relatives - the persons who are in family relation, having general ancestors and also spouses and parents of other spouse;

close relatives are parents, the spouse (spouse), children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandma, grandsons;

criminal case - the isolated production which is conducted body of the investigation and court concerning one or several committed (presumably committed) crimes;

proceeedings - set of the legal proceedings and decisions performed on specific criminal case during its excitement, investigation, legal proceedings and execution of sentence (resolution) of court;

case papers - the documents and objects which are component of case or provided for familiarizing with it; messages, and also documents and objects which can matter for establishment of circumstances on case;

the accelerated pre-judicial production - set of the legal proceedings and proceeding decisions made and which are taken out by the official authorized body of inquiry to perform the accelerated pre-judicial production, the investigator and the prosecutor, in short terms on crimes of small weight and less serious crimes in the cases provided by this Code;

the official authorized by body of inquiry to perform the accelerated pre-judicial production - the official of law-enforcement bodies, homeland security, on fight against economic crimes, criminal executive system, competent to carry out the accelerated pre-judicial criminal proceeding;

legal proceedings - the actions made during criminal trial according to this Code;

the protocol - the procedural document in which the legal proceeding made by the body conducting criminal procedure is fixed;

proceeding decisions - the acts of application of criminal procedure law which are taken out by the bodies conducting criminal procedure, within their competence, and expressed in the form determined by this Code - sentences, resolutions, the conclusions, representations, sanctions;

the resolution - the decision of the investigator, prosecutor, the individual decision of the judge, except sentence, accepted in case of proceeedings, the decision of the Supreme Court of the Kyrgyz Republic;

private determination - the decision passed by court which draws the attention of state bodies, organizations, officials to the established violations of the law, the reasons and conditions promoting making of crimes, and requiring acceptance of adequate measures;

sentence - the judgment of the first, appeal instances which is taken out in judicial session on criminal case about guilt of the defendant, convict and determination to it punishment or innocence of the defendant, the convict;

determination - anything other, except sentence, the decision passed by appellate instance of court in judicial session;

the sanction - the act of approval by the prosecutor of the proceeding decision made by body of the investigation;

explanation - the oral or written argumentation provided by participants of process and applicants to reasons for the claim or claim of the represented person;

the claim - the objection brought to suspects, persons accused, convicts, justified, by the defender, the victim or his representative, the civil claimant and the civil defendant or their representatives, and also the organizations on decisions and actions (failure to act) of body of inquiry, the investigator, the prosecutor, court;

representation - the prosecutor's objection on judgments;

the private claim - the objection brought to one of participants of process except the prosecutor, on the judge's ruling;

private representation - the prosecutor's objection on the judge's ruling;

the petition - the request of the party or the applicant turned to the body conducting criminal procedure;

scientific and technical means - the devices, special devices, materials legally applied to detection, fixing, withdrawal and research of proofs;

the dwelling - the room or structure for temporary or permanent residence of one or several persons, including: own or leasable apartment, house, garden house, hotel room; the verandahs which are directly adjoining them, terraces, galleries, balconies, the cellar and attic of residential building, except the apartment house;

night time - period with twenty two to six o'clock in the morning local time;

damage - the moral, physical or property harm which is subject to cash measurement.

pre-judicial production - criminal trial from the moment of receipt of the message on crime to the direction the prosecutor of criminal case in court for its consideration in essence;

criminal trial - pre-judicial and judicial proceedings on criminal case;

detention - measure of procedural coercion which essence consists in imprisonment of the suspect for short term (till forty eight o'clock) - to the judgment;

election of measure of restraint - application by the investigator, prosecutor, and also court of enforcement powers to the person accused, the defendant;

the paragraph of the forty seventh Article 5 ceased to be valid according to the Law of the Kyrgyz Republic of 10.08.2012 No. 164

the jury member - person involved in the procedure established by this Code for participation in legal proceedings and passing a verdict in Trial Court;

witness immunity - the right of person not to give the evidence against itself and the close relatives, and also in other cases provided by this Code;

representation - the act of response of the prosecutor to the judgment introduced according to the procedure, established by this Code;

mediator - person who had special training and capable to help to conduct negotiations between the victim and the person accused (the defendant, the convict) on indemnification and reconciliation;

settlement indicator - the normative cash indicator for determination of the sizes of economic sanctions, administrative punishments and penalties approved by Jogorku Kenesh of the Kyrgyz Republic on representation of the Government of the Kyrgyz Republic;

verdict - the solution of jury of assessors on the questions provided by this Code;

the questionnaire of the jury member - the list of questions for jury members constituted with participation of the parties for the purpose of determination of their objectivity and impartiality;

the administrator of court is worker of the office of the relevant local court to whom obligations on ensuring activities of court with participation of jury members are assigned;

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.

authorized state body on protection of children - the body for questions of protection of children authorized by the Government of the Kyrgyz Republic;

the employee of authorized state body on protection of children - person, authorized, in addition to the legal representative to represent legitimate interests of minors in investigation authorities, prosecutor's offices, vessels and organizations of execution of the punishment.

Chapter 2. Principles of criminal procedure

Article 6. Legality in case of legal proceedings

(2) Nobody can be attracted as the suspect and the person accused, it is detained, taken into custody, subjected to search, the drive and any other measures of procedural coercion, and also condemnation, punishment and other restrictions of its rights and freedoms differently as on the bases and according to the procedure, established by the law.

(3) When implementing justice use of the evidence obtained with violation of the criminal procedure law is not allowed.

Article 7. Justice implementation only court

(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, performing criminal trial on incompetent to it to case, exceeded the authority or otherwise broken the principles of criminal trial provided by this Code, are illegal.

(5) 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.

Article 8. Participation of the prosecutor in criminal trial

(1) Supervision of exact and uniform execution of legal acts by the bodies performing operational search activities and the investigation is performed by Prosecutor's office of the Kyrgyz Republic within its competence.

(2) the Prosecutor's office of the Kyrgyz Republic performs criminal prosecution and participates in legal proceedings of cases in the cases and procedure provided by this Code.

Article 9. Judicial protection

(1) judicial protection of its rights and freedoms is guaranteed to Everyone in any stage of process.

(2) access to justice and compensation of the caused damage in the cases and procedure established by the law is provided to the Victim.

Article 10. Respect of the rights, freedoms and advantage of the personality

(1) the Respect of the rights, freedoms 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 conducting interrogations, and also other investigative and judicial actions 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.

Article 11. Integrity of human beings

(1) Nobody can be taken into custody differently as on the basis and according to the procedure, provided by this Code.

(2) Court, the prosecutor, the investigator shall exempt immediately illegally detained or imprisoned or illegally the over the term placed in medical institution or being held in custody provided by the law or the adjudication.

(3) None of persons participating in case can be exposed to violence, another to the cruel or degrading human dignity address.

Article 12. Protection of the rights and freedoms of citizens in case of production on criminal cases

(1) Court, the judge, the prosecutor, the investigator 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.

(Nobody shall witness 2) against himself, the spouse(s) and close relatives whose circle is determined by this Code.

(3) 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.

(4) in the presence of sufficient data that to the victim, the witness or other persons participating in case, and also members of their families or close relatives 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 provided by the law to protection of life, health, honor, advantage and property of these persons.

(5) Nobody can be condemned only on the basis of its own recognition in crime execution.

Article 13. Inviolability of home, protection of private life, mystery of correspondence, telephone negotiations, post, cable and other messages

(1) inviolability of home is guaranteed to Citizens. Nobody has the right to get into the dwelling against the will of persons living in it differently as in the cases and procedure provided by this Code.

(2) Protection of honor and reputation of citizens is under protection of the law. The mystery of correspondence, telephone negotiations, post, cable and other messages is protected by the law. Restriction of this right is allowed only from the sanction of the prosecutor.

(3) the Search, dredging, seizure of post and cable departures in organizations of communication, control and record of the negotiations which are conducted by phones and other intercoms can it is made in the cases and procedure provided by this Code.

Article 14. Security of property

(1) Nobody can be deprived of property differently as on the conditions provided by this Code.

(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.

Article 15. Presumption of innocence

(1) the Person accused is considered innocent so far his guilt in crime execution will not be established by the court verdict which took legal effect.

(2) the Suspect and the person accused shall not prove the innocence.

(3) All doubts in validity of accusation which cannot be eliminated within due course of law according to this Code, are interpreted for benefit of the person accused. In its advantage also not eliminated doubts which arose in case of application of the law shall be permitted.

Article 16. Equality of citizens before the law and court

(1) Justice is performed on the basis of equality of citizens before the law and court irrespective of social origin, property and official capacity, racial and national identity, floor, education, language, the relation to religion, beliefs, belonging to public associations, the residence and other circumstances.

Article 17. Independence of judges

(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 of the Kyrgyz Republic.

Article 18. Implementation of legal proceedings on the basis of competitiveness and equality of participants

(1) Criminal trial is performed on the basis of competitiveness and equality of participants 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 officials.

(3) the Obligation of proof of the charge brought to the defendant is assigned to the prosecutor.

(4) the Defender shall use all means and methods of protection of the defendant provided by the law.

(5) the Court is not on the side of accusation or protection and does not express any interests, in addition to interests of the right.

(6) Court, keeping objectivity and impartiality, creates necessary conditions for implementation by the parties of their procedural law and obligations.

(7) 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.

(8) 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 renders it assistance in the receipt of required materials according to the procedure provided by this Code.

(9) the State prosecutor and the private prosecutor can hold charges in court or, in the cases provided by the law, to refuse accusation. The defendant has the right to deny or admit the guilt. The civil claimant has the right to refuse the claim or to sign the voluntary settlement with the civil defendant. The civil defendant has the right to recognize the claim or to sign the voluntary settlement with the civil claimant.

Article 19. Comprehensive, complete and objective investigation of the facts of the case

(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) Court, keeping objectivity and impartiality, provides to the parties of accusation and protection necessary conditions for realization of their rights to complete research of the facts of the case and passes the decision on case only on the basis of mathematical evidences.

(3) In case of production of the investigation and legal proceedings of criminal case the investigator and court also conditions promoting crime execution shall establish the reasons. In the presence to that the bases the investigator issues the decree, court - private determination which draw 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 can be taken also out in case of detection of violations of the rights of citizens by court and other violations of the law allowed in case of production of the investigation. Private determination can be taken out in case of detection of the violations of the law allowed by the investigation.

Article 20. Providing to the suspect, person accused, defendant of right of defense

(1) the Suspect, the person accused, the defendant have right of defense. Body of inquiry, the investigator, the prosecutor, court shall provide to the suspect, the person accused, the defendant opportunity to be protected by the means and methods established by the law, and also protection of their personal and property rights.

(2) the Right of defense is provided also to person concerning whom production on application of enforcement powers of medical nature is conducted.

Article 21. Providing rights of victims of crimes, abuses of the power and miscarriages of justice

(1) the Rights of victims of crimes, abuses of the power, and also persons, illegally the convicts limited in the rights are provided during criminal trial.

(2) Person which was injured from crime has the right according to the procedure, provided by this Code, to require initiation of legal proceedings, to participate in implementation of criminal trial as the victim, the private prosecutor, and also to receive compensation for the harm done to it.

Article 22. Publicity of legal proceedings

(1) the Trial of cases in all courts opened, except as specified, when it contradicts interests of protection of the state secret.

(2) the Closed legal proceedings are allowed by motivated determination of court or the judge's ruling also on cases on sex and other offenses for the purpose of prevention of disclosure of data on intimate aspects of life of persons participating in case, and also on cases on crimes of minors and in the cases requiring safety of the victim, the witness or participating in case of other persons, members of their families or close relatives.

(3) Hearing of cases in closed meeting of court is performed with observance of rules of criminal trial.

(4) the Court verdict is proclaimed publicly.

Article 23. Legal proceedings language

(1) Legal proceedings are conducted in the state or official language.

(2) the right to make statements, to give evidences, to declare petitions, to get acquainted with all case papers, to appear in court in the native language is provided to the persons Participating in case not knowing language in which legal proceedings are conducted and to use translation service.

(3) Copies of the resolution on attraction as the person accused and sentence (determination, the resolution) are handed to the person accused, the defendant condemned in transfer into their native language or language which they know.

Article 24. Ensuring access to justice

(1) the Investigator and the prosecutor shall in each case of detection of essential elements of offense within the competence bring criminal case, take all measures provided by the law to establishment of event of crime, person who committed crime.

(2) the Investigator and the prosecutor shall provide to the victims from crime access to justice.

Article 25. Appeal of legal proceedings and decisions

(1) Actions and decisions of body of inquiry, the investigator, the prosecutor and court can be appealed in the procedure established by this Code.

(2) Participants of legal procedure have the right to appeal against sentence in superior court according to the procedure, established by this Code.

(The Convict has the right to ask 3) about pardon or mitigation of punishment.

Chapter 3. Accusation

Article 26. Cases of private, private and public and public prosecution

(1) Depending on nature and weight of the committed crime accusation in court is performed in private, private and public and public procedure.

(2) cases on the crimes provided by Article part one 126, Article 134, Article 135, parts one and the second Article 136, Article part one 137, Article part one 139, Articles 140, of 146, of 151, of 178, of 194, part one of article 324 of the Criminal code of the Kyrgyz Republic belong To cases of private prosecution.

They are initiated precisely according to the claim of the victim and stop behind conciliation of the parties. Conciliation can take place to the introduction of sentence in legal force.

(3) cases on the crimes of small weight, less serious crimes provided by Articles 10, 11 Criminal codes of the Kyrgyz Republic and also on the crimes provided by part one of Article 129 and part one of article 130 of the Criminal code of the Kyrgyz Republic belong To cases of private and public accusation.

(4) Cases on other crimes are cases of public accusation.

Article 27. Right of citizens to implementation or participation in criminal prosecution and accusation

(1) the Victim, and in case of his death or inability on age or the state of health has the right to express the will in the criminal trial of any of his full age close relatives according to the procedure provided by this Code, to participate in criminal prosecution of the person accused, and for private prosecution - to push and hold charges against the corresponding person. The victim or his legal successor has the right to refuse at any moment of production accusation maintenance.

(2) the Refusal of the prosecutor of accusation does not deprive of the injured right to hold charges.

Article 28. The circumstances excluding criminal trial

(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, damnification during detention of person who committed crime, execution of the order or other order, reasonable risk);

4) in the absence of the claim 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 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 of the Kyrgyz Republic;

10) owing to the act of amnesty if it eliminates application of punishment for committed act;

11) behind lapse of time;

12) in case of refusal of the private and private and public prosecution which was injured from maintenance and (or) in case of achievement of consent of the person accused with the victim according to article 66 of the Criminal code of the Kyrgyz Republic;

13) in case of refusal of the prosecutor of maintenance of private and public accusation on case on which the citizen (person) is not victim;

14) in case of refusal of the victim and prosecutor of maintenance of public accusation.

(2) If the circumstances specified in Items 1 and 2 of part one of this Article are found in stage of legal proceedings, the court finishes trial of case and decides the verdict of not guilty.

(3) Diversion on the bases specified in Items 10 and 11 of part one of 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 conviction with release of the convict from punishment.

(4) Diversion on the basis specified in Item 12 parts one of this Article is not allowed if person committed crime:

1) as a part of organized criminal group, criminal society (the criminal organization), armed group (gang) or it is earlier condemned for such crimes;

2) provided by parts of the third or fifth article 281 of the Criminal code of the Kyrgyz Republic, in condition of alcoholic, drug or other intoxication;

3) 225 and 303-315 Criminal codes of the Kyrgyz Republic provided by Articles 224,;

4) against sexual integrity and sexual freedom of the minor.

Article 29. The termination of criminal case with release from criminal liability

(1) According to regulations of articles 65 and 66 of the Criminal code of the Kyrgyz Republic the court (judge), the prosecutor, and also the investigator with the consent of the prosecutor dismisses criminal case with release of person from criminal liability:

1) owing to change of situation if committed act lost socially dangerous nature;

2) if person stopped being socially dangerous, except criminal cases about crime against sexual integrity and sexual freedom of the minor, and also criminal cases about the crime provided by part three of article 281 of the Criminal code of the Kyrgyz Republic, made by perpetrators in alcohol intoxication, drug or other intoxication about the crimes provided by Articles 224, of 225, 303-315 Criminal codes of the Kyrgyz Republic;

3) in case of achievement of consent of the person accused with the victim on transfer for consideration of court of aksakals of criminal case on the crimes of small weight prescribing the punishment which is not connected with isolation from society.

(2) the Court (judge) dismisses criminal case against person who made the act prohibited by the penal statute in diminished responsibility condition.

Section II. Court, the parties and other persons in criminal procedure

Chapter 4. Court

Article 30. Court

(1) Court, being judicial body, performs justice on criminal cases.

(2) Criminal case shall be considered by independent, competent and just trial.

Article 31. Structure of court

(1) Consideration of criminal cases in Trial Court is performed by the judge solely, except the criminal cases provided in part two of this Article.

(2) Consideration of criminal cases with participation of jury members is performed by court by rules of Chapters 31, of 37-1 Section VIII of this Code.

(3) Consideration of criminal cases in appeal procedure is performed by judicial board as a part of three judges.

(4) Consideration of criminal cases in cassation procedure is performed by judicial board of the regional and equated to it court as a part of three judges.

(5) Consideration of criminal cases according to the procedure of supervision is performed by Judicial board on criminal cases and cases on administrative offenses of the Supreme Court of the Kyrgyz Republic as a part of three judges.

(6) By consideration of criminal case by court as a part of three judges one of them at the request of the chairman of this court or its deputy presides.

(7) It is excluded according to the Law of the Kyrgyz Republic of 05.08.2008 No. 193

(8) It is excluded according to the Law of the Kyrgyz Republic of 05.08.2008 No. 193

Article 32. Powers of court

(1) Only the court is competent:

1) to find person guilty of crime execution and to impose to it penalty;

2) in cases when criminal trial is performed with participation of the jury members who rendered the guilty verdict of the defendant to qualify acts on regulations of the penal legislation and to impose to the defendant penalty;

3) to acquit the defendant;

To apply 4) to person enforcement powers of medical nature;

To apply 5) to person enforcement powers of educational impact;

6) to take out private determination.

(2) Only the court, including during pre-judicial production, is competent to make decisions:

1) about election of measure of restraint in the form of detention, house arrest;

2) about prolongation of terms of detention and house arrest;

3) about the room of the suspect accused, who is not in custody in medical or psychiatric hospital for production according to medicolegal or forensic-psychiatric examination;

4) about application of measures for safety concerning witnesses, the victims and other participants of criminal trial;

5) about listening and record of telephone and other negotiations;

6) about receipt of information on connections between subscribers and (or) subscriber devices;

7) about production of search, dredging, survey, penetration of public agents into the dwelling and other objects which are in property or other right;

8) about legality and justification of detention of suspected (person accused), productions of search, dredging, survey, penetration of public agents into the dwelling and other objects which are in property or other right.

(3) the Court is competent during pre-judicial production to consider claims to actions (failure to act) and decisions of the prosecutor, the investigator and body of inquiry in cases and procedure which are stipulated in Article 131 of this Code.

(4) the Judgment can be cancelled or changed only by superior court which has the right to make the new decision on case.

(5) the Court has the right to reconsider case on new or to newly discovered facts.

Chapter 4-1. Jury members

Article 32-1. Powers of jury members

When implementing criminal trial jury members resolve the questions provided by Items 1, 2 and 4 parts one of article 312 of this Code, delivered before them in the procedure established by this Code with participation of jury members.

Article 32-2. The rights and obligations of jury members in criminal trial

(1) Jury members have the right:

1) to participate in research of the 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 procedure matters which are referred in writing to the chairman by the foreman;

3) to participate in survey of physical evidences, documents, in production of 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.

(2) 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.

(3) 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.

Chapter 5. The participants of process and persons participating in criminal trial, representing the interests of the state

Article 33. Prosecutor

(1) the Prosecutor is the state official within the competence performing criminal prosecution. The prosecutor has the right to bring criminal case and to investigate it in full or to charge its investigation to the investigator according to this Code. The prosecutor holds on behalf of the state charges at all stages of criminal procedure. The prosecutor participating in consideration of criminal case by court and holding charges hereinafter is referred to as as the state prosecutor.

(The Prosecutor has the right to show 2) to the person accused or person who bears property responsibility for actions of the last, the claim in protection of interests:

1) the victim who is in helpless or dependent condition or for other reasons not capable to independently use the rights belonging to it;

2) states.

(3) In criminal trial the prosecutor is independent and submits only to the law. Written instructions of the higher prosecutor for him are obligatory.

Article 34. Powers of the prosecutor in case of production of criminal cases

(1) In course of production on criminal case the prosecutor is authorized:

1) to bring criminal case, to charge, to transfer for investigation to investigators according to competence, in exceptional cases - irrespective of competence;

2) to exercise supervision of legality of investigation of criminal cases.

(2) Exercising supervision of legality of investigation of criminal cases, the prosecutor is authorized:

1) to check execution of requirements of the legislation of the Kyrgyz Republic on acceptance, registration and permission of messages on the committed or preparing crimes;

2) to charge investigation of criminal case to the investigator or group of investigators;

3) to resolve the branch declared to the investigator and also its rejection;

To give 4) to the investigator written instructions about legal investigation, qualification of crime, production of legal proceedings if they, according to this Code, are included into power of the prosecutor;

5) to consider the objections of the investigator not concordant with instructions of the prosecutor exercising supervision provided by this Code;

6) to repeal illegal and unreasonable resolutions of the investigator and subordinate prosecutor, to issue decrees on suspension, suit abatement;

7) to resolve claims to decisions and actions of body of inquiry, the investigator and the subordinate prosecutor;

8) to discharge the investigator and the subordinate prosecutor of further participation in implementation of criminal trial on this case if they allow violation of the law;

9) 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;

10) to hold charges in court;

11) to return criminal case to the investigator with instructions about completion of gaps of the investigation;

12) to refuse criminal prosecution of the person accused and to change the charge brought to him;

To give 13) to body of inquiry written instructions about conducting investigation and search operations in connection with criminal proceeding, and also on taking measures to providing appearance of persons called in judicial session;

14) to give instructions about application of measures of protection of the victim, witness and other persons participating in criminal trial;

15) to exempt persons detained with violation of requirements of Articles 94 and 95 of this Code;

16) to prolong period of investigation;

17) to agree to the investigator to excitement before court of the petition for election of measure of restraint in the form of detention or house arrest, about prolongation of term of detention of the suspect or person accused which are allowed based on the judgment;

18) to approve the protocol of the accelerated pre-judicial production.

(3) the Prosecutor performs also other powers provided by this Code.

(4) the prosecutor's Instructions to bodies of inquiry and investigation in connection with consideration of the applications, messages on crimes and investigation of criminal case 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.

Article 34-1. Powers of the employee of authorized state body on protection of children

(1) the Employee of authorized state body on protection of children participates in case from the moment of detention minor suspected (person accused).

(2) from the moment of participation in case the employee of authorized state body on protection of children shall:

1) to collect the materials witnessing for benefit of minor suspected (person accused);

2) to provide the actions plan on rehabilitation minor suspected (person accused), the convict;

3) to be present at all production stages on criminal case;

4) to get acquainted with case papers, to bring claims to decisions, actions, failure to act of the employee of body of inquiry, the investigator, prosecutor, organizations of execution of punishments and to participate in their consideration.

(3) the materials Collected by the employee of authorized state body on protection of children according to its petition are filed.

Article 35. Investigator

(1) the Investigator is the state official authorized within the competence to perform investigation on criminal case and in the matter of the accelerated pre-judicial production.

(2) the Investigator brings criminal case, makes on it investigation and performs all investigative operations provided by this Code.

(All decisions on the direction of the investigation and production of investigative actions the investigator accepts 3) independently, except as specified, when the law provides receipt of the judgment or the sanction of the prosecutor in the cases established by this Code and bears complete responsibility for their legal and timely carrying out.

(4) 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.

Article 36. Powers of the investigator

(1) the Investigator in case of investigation of criminal case is authorized:

1) to interrogate the suspect, the person accused, the victim, the witness, the expert and the specialist, to appoint examination, to examine, searches, dredging and other investigative actions according to requirements of this Code;

2) to take measures to compensation of damage to the victim;

3) to request the documents, materials containing data on incident and persons, involved in it;

4) to require carrying out audit, inventory count, departmental examination, other checking actions;

To receive 5) from body of inquiry in connection with the investigated case of the data on carrying out operational search actions 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 in connection with criminal proceeding;

To charge 7) to body of inquiry execution of resolutions on detention, the drive, arrest, production of other legal proceedings, and also to receive according to the first requirement from body of inquiry assistance when implementing 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;

To charge 9) to body of inquiry production of separate investigative actions;

10) to require allocation of translators, specialists, experts;

11) to detain person suspected of crime execution;

12) to provide the defender to participation in criminal proceeding, and concerning persons having the right to legal aid at the expense of the state, to demand appointment of the defender from the authorized officers responsible for provision of the legal aid guaranteed by the state;

13) to issue the decree on involvement of person as the person accused and to bring charge;

To recognize 14) as the victim, the civil claimant, the civil defendant and to allow their representatives to participation in criminal proceeding;

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 issue decrees on election, change, cancellation of measures of restraint and on application of other measures of procedural coercion if the sanction of the prosecutor or the judgment is not required by this Code;

19) to issue decrees on suspension, cessation of production on criminal case;

19-1) performs the accelerated pre-judicial production according to the procedure, provided in Chapter 45-1 of this Code;

20) to follow instructions of the prosecutor;

21) to perform other powers provided by this Code.

(2) the Resolution of the investigator on criminal case is obligatory for execution by citizens, heads of the organizations. Non-execution of the resolution of the investigator attracts responsibility according to the law.

Article 37. Powers of the head of investigative division

(1) the Head of investigative division charges production of the investigation to the investigator; exercises control of timeliness of actions of investigators for the criminal cases which are in their production, observance by investigators of period of investigation and detention, execution of instructions of the prosecutor, orders of other investigators in the cases established by this Code; instructs on cases; submits the case from one investigator to another; charges production of the investigation to several investigators. The head of investigative division has the right to be involved in investigation on the case which is in production of the investigator, and the head of department, departments and their deputies - personally to hold the investigation, using at the same time powers of the investigator.

(2) Instructions of the head of investigative division on criminal case cannot limit independence of the investigator, its right, stipulated in Clause the 36th 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.

Article 38. Body of inquiry

(1) Bodies of inquiry are:

1) law-enforcement bodies;

2) chiefs of correctional facilities and pre-trial detention centers - on cases on the crimes committed by the staff of these organizations in connection with execution of service duties by them, and it is equal on cases on the crimes committed in arrangement of the specified parts;

3) commanders of military units, connections and chiefs of military organizations;

4) bodies of homeland security;

5) ceased to be valid according to the Law of the Kyrgyz Republic of 28.07.2017 No. 162

6) commanders of boundary parts;

7) chiefs of prospecting batches, expeditions and chiefs of winterings in the remote areas;

8) customs authorities;

9) bodies for fight against economic crimes;

10) bodies of the Public fire service.

(2) Body of inquiry within the competence:

1) provides registration of statements, messages on the committed crime;

2) takes measures to preserving traces of incident;

3) takes operational search measures for control of offenses, and also for detection of persons who made it;

Provides 4) to the prosecutor and the investigator acting within the competence, the data and materials requested by them;

5) will be organized by accomplishment of orders of the prosecutor and investigator, including orders about production of separate investigative actions and application of measures of protection of the victims, witnesses, other persons participating in criminal trial and also makes the decision on their application;

6) carries out orders of court;

7) exercises control of observance of the measure of restraint elected by the investigator, the prosecutor, court concerning the person accused, except for measures of restraint in the form of detention;

8) authorizes the official to perform the accelerated pre-judicial production according to the procedure, provided by this Code.

Chapter 6. The participants of process protecting or represented the rights and the interests

Article 39. Suspect

(1) Suspect is person:

Concerning which 1) criminal case is brought;

To 2) on which suspicion of crime execution detention before election of measure of restraint is applied.

(2) Body of the investigation has no right to keep the detainee in the suspect's provision over forty eight hours. By the time of the expiration of the specified term the body of the investigation shall exempt the detainee or bring charge and choose measure of restraint.

In need of election concerning the person accused of measure of restraint in the form of detention or house arrest the investigator with the consent of the prosecutor appeals with the petition to court according to the procedure, established by this Code.

(3) the Body of the investigation shall notify close relatives of the detainee on time and the place of its content.

(4) 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.

Article 40. Rights and suspect's obligations

(1) the Suspect has the right:

1) the nobility what he is suspected of;

2) to receive copies of the resolution on excitement against it criminal case, the protocol of detention;

3) to receive written explanation of its rights;

4) to have the defender from the moment of the first interrogation, and during detention - from the moment of its actual delivery in body of inquiry;

5) to give evidences or to refuse making the indication;

6) to give evidences in the native language or language which knows;

7) to use translation service;

8) to produce the evidence;

9) to declare petitions and branches;

10) 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;

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