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CODE OF PENAL PROCEDURE OF THE KYRGYZ REPUBLIC

of February 2, 2017 No. 20

(as amended on 06-04-2021)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 22, 2016

General part

Section I. Basic provisions

Chapter 1. Legislation of the Kyrgyz Republic on criminal trial and sphere of its actions

Article 1. Legislation of the Kyrgyz Republic on criminal trial

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 of international law, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic (further - the international agreements of the Kyrgyz Republic).

Paragraph two of ceased to be valid according to the Law of the Kyrgyz Republic of 10.03.2021 No. 29

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 (further - the Civil code) or the Code of the Kyrgyz Republic about violations (further - the Code about violations), it is solved in the appropriate order.

Article 2. Action of this Code in space

Criminal trial in the territory of the Kyrgyz Republic, irrespective of the place of crime execution or offense, is conducted according to this Code if the international treaty of the Kyrgyz Republic does not establish other rules of action of this Code in space.

Article 3. Action of this Code in time

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.

Article 4. Action of this Code concerning foreign citizens and stateless persons

1. Criminal trial concerning foreign citizens, stateless persons, and also foreign legal entities 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.

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

The concepts containing in this Code have if there are no special instructions in the laws, the following values:

1) appellate instance - the court considering criminal cases and (or) cases on offenses on claims and representations on the sentences which did not take legal effect and decrees issued by Trial Court and also on the decrees issued by the investigative judge according to the procedure of judicial control;

2) close relatives are the parents, children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

3) 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;

3-1) initiation of legal proceedings and (or) cases on offense concerning person - the written notice of person of suspicion of crime execution and (or) offense;

4) 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;

5) the state prosecutor - the prosecutor holding on behalf of the state charges in court on criminal case and (or) case on offense;

6) case on offense - the production which is conducted the authorized officer of body of inquiry concerning one or several committed offenses;

7) 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 in the presence of the bases that owing to the objective reasons afterwards to interrogate them during legal proceedings will become impossible, or need of safety of the witness or the victim;

8) pre-judicial production - criminal trial from the moment of registration of a statement, messages on crime and (or) offense in the Unified register of crimes and offenses to the direction the prosecutor of case papers in court for its consideration in essence;

9) the Unified register of crimes and offenses - the electronic database in which data on the beginning of pre-judicial production, legal proceedings, movement of criminal case and (or) case on offenses, applicants and participants of criminal trial are entered;

10) the claim - the written 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;

11) 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;

12) legal representatives are parents, adoptive parents, guardians or custodians of the minor suspect, the person accused or the victim, the witness, representatives of organizations or organizations on which care there are specified persons, authorized state body on protection of children;

13) 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;

14) 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 or offense, confutation or mitigation of accusation, and also rehabilitation of persons which illegally underwent to criminal prosecution;

15) the applicant - person who addressed body of inquiry, the investigator, the prosecutor, the investigative judge, court according to the procedure of criminal trial;

16) 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;

17) cassation instance - the judicial board of the Supreme Court of the Kyrgyz Republic (further - the Supreme Court) considering criminal cases and (or) cases on offenses on claims and representations on the sentences which took legal effect and determinations of Appeal Court;

18) mediation - the voluntary procedure of settlement of case on offense or criminal case between the suspect, the person accused and the victim with assistance of mediator (mediators) for the purpose of achievement of the mutually acceptable agreement by them;

19) mediator - the impartial physical person meeting the requirements of the law on mediation, giving help to the suspect, person accused and victim in carrying out mediation;

20) measure of restraint - the measure which is temporarily limiting the rights and freedoms of person, applied by the investigative judge, court concerning the suspect, the person accused;

21) night time - period from 22:00 till 06:00 o'clock;

22) bodies of inquiry - state bodies and their divisions, authorized to perform production on cases on offenses and other legal proceedings;

23) 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;

24) the resolution - the decision, except for sentence, taken out by the judge solely in case of criminal proceeding or to case on offenses; 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 solution of the authorized officer of body of inquiry, the investigator, head of investigating body, the prosecutor which is taken out in case of pre-judicial production;

25) the chairman - the judge who directs judicial session by joint consideration of criminal case and (or) case on offense, and also the judge considering criminal case or case on offense solely;

26) representation - the act of response of the prosecutor to the court resolution brought according to the procedure, established by this Code;

27) 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;

28) 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;

29) 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 and conclusions about possibility (impossibility) of application of probation of supervision;

30) 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;

31) legal proceeding - the investigative, judicial or other action provided by this Code;

32) the procedural agreement on cooperation - the agreement between the parties of accusation and protection in which the specified parties determine conditions of cooperation and effect of such cooperation;

33) 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;

34) 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;

35) remark - the note of the participant of debate of the parties in judicial session rather told in speeches of other participants;

36) search measures - the measures taken by the authorized officer of body of inquiry, the investigator, and also body of inquiry at the request of the investigator or the authorized officer of body of inquiry for establishment of person suspected of crime execution;

37) the head of investigative division - the official heading the relevant investigative division, and also his deputy;

38) 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;

39) the investigator - the official, authorized to perform pre-judicial production on criminal cases;

40) investigative actions - actions for collecting and research of the data important for case, the inquiries performed by the authorized officer of body, the investigator, the prosecutor in the procedure established by this Code;

41) the investigative judge - the judge applying the measures limiting the rights and freedoms of the suspect, the person accused the exercising judicial control of legality of legal proceedings and solutions of the authorized officer of body of inquiry, the investigator, head of investigative division, the prosecutor;

42) the conciliation agreement - the written agreement on cases on offenses, criminal cases and for private and public accusation between the suspect, the person accused and the victim, reached by them independently or by means of mediator;

43) the employee of authorized state body on protection of children - person, authorized to represent legitimate interests of minors in bodies of inquiry, investigation, prosecutor's office, court and organizations of execution of the punishment;

44) special investigative actions are 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;

45) 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 and (or) case on offense;

46) the party of protection - the suspect, the person accused, and also their legal representative, the defender, person responsible for compensation of material damage and (or) moral harm;

47) the party of accusation - the authorized officer of body of inquiry, the investigator, the head of investigative division, the prosecutor, the private prosecutor, the victim, his legal representative and the representative;

48) court - the body performing justice on criminal cases and cases on offenses in all degrees of jurisdiction;

49) 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;

50) criminal prosecution - the procedural activities performed by the party of accusation for the purpose of exposure of the suspect accused of crime execution and (or) offense;

51) criminal trial - set of the legal proceedings and decisions performed on specific criminal case and (or) case on offense during its pre-judicial production, legal proceedings and execution of the resolution of the investigative judge, the judgment;

52) the authorized officer of body of inquiry - the official authorized by the chief of body of inquiry to perform proceeedings about offense;

53) the actual detention - the moment of the actual imprisonment of movement of person concerning which there is reasonable suspicion of crime execution and (or) offense;

54) the private prosecutor - the victim or his legal representative and the representative;

55) private determination - the decision passed by the investigative judge who draws the attention of the prosecutor to the facts of violation of the law determined on case requiring taking measures;

56) the expert organization - the specialized organization, authorized state body created for the organization and production of examination;

57) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature.

Chapter 2. Tasks and principles of criminal trial

Article 6. Tasks of criminal trial

Tasks of criminal trial are:

1) protection of the personality, society and state against crimes and offenses;

2) protection of the personality against illegal and insubstantial accusation, condemnation, restriction of its rights and freedoms;

3) bystry and complete investigation of crimes and offenses;

4) exposure and criminal prosecution of persons who committed crimes and offenses;

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.

Article 7. Principle of supremacy of law and legality

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 highest values.

2. The authorized officer 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.

Article 8. Principle of implementation of justice only court

Justice on criminal cases and on cases on offenses 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.

Article 9. Principle of independence of judges

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.

Article 10. Principle of ensuring access to justice

1. The prosecutor, the investigator and body of inquiry shall in each case of detection of essential elements of offense and offense within the competence to begin pre-judicial production, to take all measures provided by the law to establishment of event of crime, offense, person who committed crime or offense.

2. Court, the prosecutor, the investigator and body of inquiry shall provide to the victims from crime or offense access to justice and compensation of damage suffered in the cases and procedure established by the law.

Article 11. Principle of respect of honor and advantage of the personality

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 and (or) offense 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.

Article 12. Principle of 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. To the judgment person can be subjected to detention for the term of no more than 48 hours, and concerning the minor - 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.

Article 13. The principle of protection of rights and freedoms of man and citizen in criminal trial

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 provided by the law to protection of life, health, honor, advantage and property of these persons.

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 and (or) offense.

Article 14. Principle of inviolability of home and other objects

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. Production of 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.

Article 15. Principle of security of property

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.

Article 16. Principle of protection of private life, mystery of correspondence, telephone and other negotiations, post, cable, electronic and other messages

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.

Article 17. Presumption of innocence

1. Everyone is considered innocent in crime execution or/and offense 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. Any doubts in guilt are interpreted for benefit of the person accused.

4. The conviction cannot be based on assumptions.

Article 18. The principle of implementation of criminal trial on the basis of equality and competitiveness of the parties

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.

Article 19. Principle of providing to the suspect, person accused of right of defense

1. The suspect, the person accused have right of defense. Court, the prosecutor, the investigator, body of inquiry shall provide to the suspect, the person accused opportunity to be protected by the means and methods established by this Code.

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 defender 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 have the right to use the legal aid guaranteed by the state.

Article 20. Principle of language of criminal trial

1. Criminal trial is conducted in the state and (or) official language.

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.

Article 21. Principle of appeal of legal proceedings (failure to act) and decisions

Actions (failure to act) and the judgments, the prosecutor, the investigator, body of inquiry can be appealed in the procedure established by this Code.

Article 22. Principle of impartiality and free assessment of proofs

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 estimates proofs on the internal belief based on set of the proofs researched in judicial session, being guided at the same time by the law.

3. Assessment of proofs the authorized officer of body of inquiry, 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.

Chapter 3. Criminal prosecution

Article 23. Types of criminal prosecution

1. Depending on nature and severity of the committed crime criminal prosecution, including accusation in court, is performed in private, private and public and public procedure.

2. Production on cases on the offenses provided by the articles 65 "Beating", 66 "Causing little harm to health", 67 "Causing less severe harm to health on imprudence", 68 "Infection with venereal disease", 84 "Hindrance to implementation of right to liberty of conscience and religions" the Code of the Kyrgyz Republic about offenses (further - the Code about offenses), treat cases of private prosecution which production begins precisely according to the statement of the victim, his legal representative, and are subject to the termination in connection with conciliation of the parties. Conciliation of the parties is allowed before removal of court to the certain room for the resolution of sentence.

3. The offenses provided by the Code about offenses, except for the offenses provided by part 2 of this Article, and crime, stipulated in Article 132, part of 1 Article 135, part of 1 Article 139, Articles 140-142, part of 1 Article 161, Article 163, part of 1 Article 172, part of 1 Article 200, part of 1 Article 201, part of 1 Article 202, part of 1 Article 203, part of 1 Article 204, part of 1 Article 205, part of 1 Article 206, part of 1 Article 209, part of 1 Article 210, part of 1 Article 266, Articles 296, 297 Criminal codes of the Kyrgyz Republic belong to cases of private and public accusation (further - the Criminal code).

Pre-judicial production for private and public accusation begins precisely according to the statement of the victim or his legal representative and can be stopped behind conciliation of the parties, according to article 61 of the Criminal code.

In case of crime execution, provided by Articles 296, 297 Criminal codes,-faced in state of intoxication conciliation of the parties is not allowed.

4. The investigator, the prosecutor begins pre-judicial production about any crime specified in part 3 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.

5. Criminal cases about the crimes except for specified in parts 2 and 3 of this Article belong to cases of public accusation. Criminal prosecution on these cases is performed irrespective of filing of application by the victim.

Article 24. Obligation of implementation of criminal prosecution

1. Criminal prosecution on behalf of the state for public and private and public accusation is performed by the authorized officer of body of inquiry, the investigator, the prosecutor.

2. In each case of detection of essential elements of offense or offense the authorized officer of body of inquiry, the investigator, the prosecutor take the measures for establishment of event of crime and (or) offense, person suspected of crime execution and (or) offense provided by this Code.

3. The authorized officer of body of inquiry, the investigator, the prosecutor in the cases provided by part 5 of Article 23 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 authorized officer of body of inquiry, the investigator, prosecutor shown within their powers established by this Code are obligatory for execution by all organizations, companies, organizations irrespective of pattern of ownership, officials and citizens.

Article 25. 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 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, and for private prosecution - to push and hold charges.

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.

Article 26. The circumstances excluding proceeedings

1. Proceeedings are subject to the termination:

1) behind the absence of evidence of a crime and (or) offense events;

2) behind absence in act of actus reus and (or) structure of offense;

3) behind legitimacy of the act which did harm owing to the penal statute or the Code about offenses: justifiable defense; emergency; physical or mental compulsion; detention of person who committed crime or offense; 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 authorized officer of body of inquiry, the investigator, prosecutor on 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 regulations of Special parts of the Code on offenses and the Criminal code;

9-1) concerning person, the suspect or the person accused of making of the acts which became subject to voluntary declaring of property and the income;

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, including on criminal cases and cases on offenses on which the face which is subject to the notification on suspicion is not established;

13) in connection with conciliation of the parties according to part 3 Articles 23 of this Code and article 39 of the Code about offenses;

14) in case of refusal of the prosecutor during legal proceedings from accusation maintenance.

2. 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.

3. Diversion on the bases specified in Items 10, 11 and 12 parts of 1 this Article is not allowed if the suspect or 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.

3-1. Ceased to be valid according to the Law of the Kyrgyz Republic of 10.03.2021 No. 29

4. The circumstances specified in Items 1, of 2, 3 parts of 1 this Article belong to rehabilitating.

Section II. Subjects of criminal trial

Chapter 4. Court

Article 27. Court

1. The court performs justice on criminal cases and (or) cases on offenses.

2. Criminal cases and (or) cases on offenses shall be considered by independent, competent and just trial.

Article 28. Structure of court

1. Consideration of criminal cases and cases on offenses 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 and cases on offenses in Trial Court is performed by the judge solely, except the criminal cases provided in 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 and cases on offenses in appeal procedure is performed by judicial board as a part of three judges.

5. Consideration of criminal cases and cases on offenses according to the procedure of the cassation is performed by judicial board of the Supreme Court as a part of three judges.

6. By consideration of criminal case and case on offense 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.

Article 29. Judge

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. Opening of envelope and acquaintance with special opinion of the judge is allowed only by superior court when considering the case.

Article 30. Powers of court

1. The court is competent:

1) to find person not guilty;

2) to find person guilty of crime execution and (or) offense and to impose to it penalty or to apply probation supervision;

3) to apply other enforcement powers of criminal law action (security measure);

4) 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 5) to person enforcement powers of medical nature and (or) forced treatment;

To apply 6) to person the enforcement powers of educational nature applied to minors;

7) to apply enforcement powers of criminal law action to legal entities;

8) to apply the enforcement powers of criminal law action which are not punishment on cases on offenses to person;

9) to cancel or change the decision made by subordinate court;

10) on cases on offenses and criminal cases to direct the suspect, the person accused and the victim to information meeting with mediator;

11) 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 reconsider case on new or to newly discovered facts.

Article 31. Powers of the investigative judge

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 and (or) offense;

2) about application of measure of restraint;

3) about prolongation of terms of measures of restraint;

4) about the room of the suspect who is not in custody in medical or psychiatric hospital for production of the corresponding examinations;

5) about seizure or removal of arrest of property, 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;

6) about temporary discharge of the suspect from position;

7) about production of exhumation in the absence of the consent of close relatives, the spouse (spouses) of the dead;

8) about production of 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;

9) about production of dredging and (or) search;

10) about production of personal search, except as specified, stipulated in Article the 100th of this Code;

11) about carrying out the special investigative actions 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 solutions of the authorized officer of body of inquiry, the investigator, the prosecutor.

3. In the cases provided by this Code, the investigative judge:

Deposits 1) during pre-judicial production of the testimony of persons whose appearance in legal proceedings on reasonable excuses is impossible, or for the purpose of exception of the psychoinjuring impact on them in case of interrogation in judicial session in case of substantive prosecution;

2) resolves issue of the address to the income of the state of pledge in cases if the suspect allowed one of the violations provided by part 5 of article 114 of this Code;

3) makes the decision on application of measures for safety on witnesses, the victims and other participants of criminal trial;

4) approves procedural agreements on cooperation.

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, and the supervising prosecutor.

Article 32. Powers of jury members

1. When implementing criminal trial jury members resolve the questions provided by Items 1, 2 and 4 parts 1 of article 336 of this Code, delivered before them in the procedure established by this Code with participation of jury members.

2. 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 trial 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.

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.

Chapter 5. Participants of process from accusation

Article 33. Powers of the prosecutor

1. The prosecutor - the official authorized within the competence provided by this Code to perform:

1) supervision of compliance with laws by the bodies performing pre-judicial production on criminal cases and cases on offenses;

2) maintenance of crown case in court;

3) criminal prosecution of officials of state bodies;

4) representation of interests of the citizen or the state in court.

2. During pre-judicial production the prosecutor is competent:

1) to have full access to the materials, documents and other data concerning pre-judicial production;

2) to check legality of execution of acceptance, registration and permission of messages on the committed or preparing crimes and (or) offenses;

To charge 3), to transfer for investigation to the investigator or group of investigators criminal cases, to the authorized officer of body of inquiry or group of authorized officers of body of inquiry of case - about offenses 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;

4) within the powers provided by this Code to begin and conduct pre-judicial criminal proceeding and (or) to case on offense;

4-1) to take out the notification on suspicion on criminal case and (or) case on offense against persons whose list is determined by the constitutional Law of the Kyrgyz Republic "About the separate powers of prosecutor's office established by the Constitution of the Kyrgyz Republic" with transfer of cases on investigation in relevant organs, and also to perform criminal prosecution of persons having the status of the military personnel;

4-2) to stop or return criminal case and (or) case on offense to the authorized officer of body of inquiry, the investigator;

5) to exercise supervision of legality of investigation of criminal cases and (or) cases on offenses, and also of execution of the laws by the bodies performing operational search activities;

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 resolve the branch declared to the investigator, the authorized officer of body of inquiry and also their rejection;

8) to give to the authorized officer of body of inquiry, the investigator written instructions about production of legal proceedings;

9) to demand from the authorized officer of body of inquiry, the investigator of elimination of the violations of the law allowed during pre-judicial production;

10) to consider objections of the authorized officer of body of inquiry, the investigator not concordant with instructions of the prosecutor exercising supervision;

11) to cancel illegal and unreasoned decisions of the authorized officer of body of inquiry, the investigator, head of investigative division, the subordinate prosecutor;

12) to introduce the petition to the investigative judge about application of measure of restraint and its prolongation;

13) to prolong terms of pre-judicial production or to refuse their prolongation;

14) to resolve claims to decisions and actions (failure to act) of the authorized officer of body of inquiry, the investigator, the subordinate prosecutor;

15) to issue decrees on discharge of the authorized officer of body of inquiry, the investigator and subordinate prosecutor from further participation in implementation of pre-judicial production on this case if they allow violation of the law;

16) to address to relevant organs with ideas of deprivation of immunity from prosecution of persons using it if these persons are suspected of crime execution;

17) to refuse criminal prosecution of the person accused or the suspect and to change the charge brought to the person accused;

17-1) to change qualification of act of the suspect;

18) to approve the indictment on criminal case and (or) case on offenses or to return criminal case and (or) case on offenses to the authorized officer of body of inquiry, the investigator with the written instructions;

19) to satisfy or refuse satisfaction of the petition for agreement signature about cooperation, agreements on recognition of fault;

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

21) to hold charges in court;

22) to appeal judgments according to the procedure, established by this Code;

23) to perform other powers provided by this Code.

2-1. The military prosecutor - the official authorized within the competence provided by this Code to perform criminal prosecution of persons having the status of the military personnel.

3. 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.

Article 34. Investigator

1. The investigator is the official authorized within the competence provided by this Code to perform the investigation of criminal case.

2. The investigator accepts all decisions on the direction of the 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.

Article 35. Powers of the investigator

1. The investigator is authorized:

1) to make investigative actions according to requirements of this Code;

2) to take measures to 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 require carrying out audit, inventory count, examination, other checking actions;

To receive 5) from body of inquiry in connection with pre-judicial production 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 carrying out search, investigative and special investigative actions in connection with pre-judicial criminal proceeding;

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 proceeedings;

11) to detain person concerning whom there is reasonable suspicion of crime execution and (or) offense;

12) to provide participation of the defender in criminal proceeding, and concerning persons having the right to the legal aid guaranteed by the state, to require appointment of the defender;

To notify 13) on suspicion of crime execution and (or) offense;

To recognize 14) as the victim;

15) to involve the legal entity for application of the measures of criminal law action provided by the Criminal code and to allow his representative to participation in criminal proceeding;

16) to resolve the branches declared to the translator, the specialist, the expert;

17) to resolve petitions in connection with criminal proceeding;

18) to resolve claims within competence;

19) to represent petitions for election, change, cancellation of measures of restraint and for application of other measures of ensuring criminal trial;

20) to issue decrees on acceptance, suspension, renewal, the termination of pre-judicial criminal proceeding;

21) to follow written instructions and orders of the prosecutor;

22) to direct the suspect and the victim to information meeting with mediator;

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.

Article 36. Head of investigative division

1. The head of investigative division will organize production of the investigation.

2. The head of investigative division is authorized:

1) to charge production of the investigation 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 of actions of investigators for the criminal cases which are in their production, observance by investigators of period of investigation and detention, execution of written instructions 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 on the 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 35th 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 37. Body of inquiry

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) ceased to be valid according to the Law of the Kyrgyz Republic of 15.05.2019 No. 62;

8) customs authorities;

9) bodies for fight against economic crimes;

10) bodies of service of emergency situations;

11) heads of prospecting batches, expeditions in the remote areas;

12) heads of diplomatic representations and consular establishments of the Kyrgyz Republic.

2. Body of inquiry within the competence:

1) is conducted by production on cases on offenses according to the procedure, established by the Section 16 of this Code;

2) provides registration of statements, messages on the committed crime and (or) offense;

3) takes measures to preserving traces of incident;

4) performs investigation and search operations on special investigative actions for collecting of proofs, and also for detection of persons who committed crimes;

Provides 5) to the prosecutor and the investigator acting within the competence, the data and materials requested by them;

6) follows written instructions of the prosecutor, the order of the investigator, including the order about production of separate investigative actions and application of measures of protection of the victims, witnesses, other persons participating in criminal trial;

7) is performed by the drive;

8) carries out written orders of court according to this Code;

9) exercises control of observance of conditions and procedure for the chosen measure of restraint.

3. The bodies of inquiry specified in Items 3, of 4, of 5, of 10, 11 and 12 parts of 1 this Article take urgent measures only for preserving traces of incident with transfer of collected materials to the investigator, authorized officer of body of inquiry on the competence determined by this Code.

Article 38. Authorized officer of body of inquiry

1. The authorized officer of body of inquiry performs production on cases on offenses within the competence provided by this Code.

2. The authorized officer of body of inquiry makes all decisions on cases on offenses independently, except as specified, when the law provides receipt of consent of the prosecutor, the decisions of the investigative judge established by this Code and bears responsibility for their legal and timely production.

Article 39. Powers of the authorized officer of body of inquiry

1. The authorized officer of body of inquiry is authorized:

1) to conduct pre-judicial production on cases on offenses according to requirements of this Code;

2) to take measures to 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 demand from the relevant state and other organs of provision of specialists and experts;

5) in case of need to involve the translator to participation in proceeedings;

6) to detain person concerning whom there is reasonable suspicion of offense making and to bring it to court for the solution of question of legality and justification of detention;

To recognize 7) as the victim;

8) to resolve the branches declared to the translator, the specialist, the expert;

9) to resolve petitions in connection with production on cases on offenses;

10) to resolve claims within competence;

11) to issue decrees on acceptance, suspension, renewal, cessation of production on cases on offenses;

12) to direct the suspect and the victim to information meeting with mediator;

13) to follow written instructions and orders of the prosecutor and chief of body of inquiry;

14) to perform other powers provided by this Code;

15) to appoint carrying out audit, inventory count, examination;

16) to give written instructions in connection with implementation of pre-judicial production on cases on offenses and on special investigative actions, stipulated in Article the 212th of this Code;

17) to provide participation of the defender in proceeedings, and concerning persons having the right to the legal aid guaranteed by the state - to require appointment of the defender.

2. On cases on offenses can involve the authorized officer of body of inquiry mediator.

3. In case of disagreement of the authorized officer of body of inquiry with the decision of the prosecutor on cases on offenses he 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 on cases on offenses to charge to other authorized officer of body of inquiry.

4. The resolution of the authorized officer of body of inquiry on cases on offenses is obligatory for execution by heads of the organizations. Non-execution of the resolution of the authorized officer of body of inquiry attracts responsibility according to the law.

Article 40. Chief of body of inquiry

1. The chief of body of inquiry authorizes the official of body of inquiry to perform pre-judicial production on cases on offenses.

1-1. The chief of body of inquiry charges implementation of pre-judicial production on cases on offenses.

2. The chief of body of inquiry on case is instructed in writing and are obligatory for execution, but can be appealed to the prosecutor. Appeal of instructions does not stop their execution.

Article 41. Victim

1. The victim is the physical person or legal entity to which the crime or offense do physical, moral harm and (or) material damage.

2. The rights and obligations of the victim arise at physical person or legal entity from the moment of filing of application about making concerning it of crime or offense or the statement for attraction it as the victim.

If as a result of crime or offense there came the death of the physical person 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 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 offense or the statement for attraction it as the victim, then the authorized officer of body of inquiry, 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 authorized officer of body of inquiry, the investigator, court shall recognize person injured from the moment of receipt of the statement for crime execution or offense 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 offense or the application for attraction as the victim is submitted by person to whom material damage and (or) moral harm is not caused, the authorized officer of body of inquiry, 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 be informed on essence of suspicion, accusation;

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 case papers and to receive their copies;

12) to receive copies of resolutions on recognition 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 authorized officer 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 and (or) offense;

23) to require application of measures of criminal law action to legal entities in the cases provided by the Criminal code;

24) to conciliate, including according to the procedure of mediation, with the suspect accused of 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 truthfully report all known 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 160th of this Code;

6) to observe the procedure established by this Code in case of production of legal proceedings and during judicial session;

7) in case of the direction the authorized officer of body of inquiry, 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 responsibility under Articles for refusal or evasion of evidence and making obviously false evidences 345, 346 Criminal codes.

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 Government of the Kyrgyz Republic.

Article 42. Private prosecutor

1. Private prosecutor is the victim for public and private and public accusation who is independently holding charges in court in case of refusal of the state prosecutor from accusation.

2. For the private prosecution provided by part 2 Articles 23 of this Code the private prosecutor acts as the prosecutor.

3. The private prosecutor is allocated with the rights, stipulated in Article the 285th of this Code.

Article 43. Representative of the victim and private prosecutor

1. Lawyers and other persons can be the representative of the victim and the private prosecutor, competent by law to represent in case of criminal proceeding and (or) to case on offense legitimate interests of the victim and private prosecutor.

2. For protection of the rights and legitimate interests of the victim, the private prosecutor who are minors or on the physical or mental condition deprived of opportunity independently to protect the rights and legitimate interests, their legal representatives, representatives are involved in obligatory participation in case.

3. The representative of the victim and the private prosecutor have the same procedural law and obligations that the victim and the private prosecutor.

4. Personal participation in case of the victim and the private prosecutor does not deprive of them 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.

Chapter 6. Participants of process from protection

Article 44. Suspect

1. Suspect is person:

1) detained on suspicion of the crime execution and (or) offense according to the procedure provided by this Code;

Concerning which 2) the notification on suspicion of crime execution or offense is taken out.

2. Person ceases to stay in the status suspected on criminal case from the moment of pronouncement by the investigator of the resolution on the termination of pre-judicial production or approval of the indictment by the prosecutor.

On cases on offenses person ceases to stay in the status of the body of inquiry of the resolution on the termination of pre-judicial production or approval of the indictment by the prosecutor suspected from the moment of removal by the authorized officer.

Article 45. Rights and suspect's obligations

1. The suspect has the right:

1) the nobility of what making of crime and (or) offense he is suspected;

2) during detention on one productive free and controlled telephone conversation;

3) to receive copies of the notification on suspicion of crime execution, offense, the notification on new suspicion or on change of qualification of suspicion, the resolution on detention;

4) to receive written explanation of the rights;

5) to protect itself personally or by means of the lawyer chosen by it;

6) to have the defender from the moment of the notification on suspicion of crime execution and (or) offense, and during detention - from the moment of the actual detention on the legal aid guaranteed by the state, in case of absence of the chosen defender;

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