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THE KYRGYZ REPUBLIC

CRIMINAL PROCEDURE CODE

 

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CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE


Article 6. Legality During Criminal Proceedings
(1) During criminal proceedings, an investigator, court, prosecutor, and other persons
participating in criminal proceedings shall strictly observe provisions of the Constitution of
the Kyrgyz Republic, of this Code, other laws issued under the Constitution of the Kyrgyz
Republic, and other legal regulations, conformable with laws, common principles and
provisions of jus gentium, international treaties of the Kyrgyz Republic.
(2) No one can be put on trial as suspect or accused, arrested, imprisoned, committed, searched,
brought to court, or imposed to any other measures of procedural compulsion, or be
condemned, punished or in any way limited in his rights other than in the way and order
provided by law.
(3) In administration of justice one shall not use evidences that have been acquired with violation
of the procedural criminal law.


Article 7. Administration of Justice Only by Courts
(1) In the Kyrgyz Republic only the court shall administer justice on criminal cases.
(2) No one shall be found guilty of having committed a crime, no criminal penalty shall be
imposed unless there is such verdict of the court.
(3) Competence of court, limits of its jurisdiction, the order of criminal proceedings in court shall
be as provided by law and shall not be changed arbitrarily. Foundation of extreme and special
courts for criminal cases trial is prohibited. Verdicts and other decisions by extreme courts and
other illegally founded courts shall have no legal effect and shall not be served.
(4) Verdict and other decisions of a court administrating justice on the case beyond its
jurisdiction, or in any other way violating principles of criminal proceedings provided by this
Code, shall be illegal.
(5) Verdict and other decisions of a court on a criminal case may be checked and reviewed only
by proper courts in the procedure, provided herein.


Article 8. Participation of the Prosecutor in Criminal Proceedings
(1) Exact and uniform observance of legislative acts by field-research and investigating agencies
shall be supervised by the Office of Public Prosecutor of the Kyrgyz Republic within its
authority.
(2) The Office of Public Prosecutor shall execute criminal prosecution and participate in hearing
in cases and in the order provided by this Code.


Article 9. Protection by the Court
(1) Each person shall be guaranteed the protection of his rights and freedoms by the court at any
stage of the procedure.
(2) The victim shall be provided with access to justice and shall be compensated for the damage
caused by the crime in the cases and in the order provided by law.


Article 10. Respect to the Rights, Freedoms and Dignities of a Person
(1) All state agencies and officials involved in criminal proceedings shall respect individuals and
secure their rights, freedoms, and dignities.
(2) Threats, violence and other illegal actions shall be prohibited in the cause of interrogation
and other investigational and court proceedings.
(3) Conditions of custody shall be favorable for the life and health of the arrested or detained
person.


Article 11. Inviolability of the Person
(1) No one shall be taken into custody otherwise there is a cause provided herein.
(2) A court, prosecutor, investigator shall immediately release a person illegally detained or
arrested, illegally put in a medical institution, or a person who was under arrest for a period
exceeding the limitation provided for by law or by the court decision.
(3) No participant of criminal proceedings shall suffer violence or shall be treated in a cruel or
humiliating way.


Article 12. Protection of Rights and Freedoms of Individuals in the Course of Criminal
Proceedings
(1) A court, judge, prosecutor, investigator shall protect rights and freedoms of persons involved
in criminal proceedings, they shall create conditions favorable for such protection and shall
take timely actions to satisfy lawful claims of participants of criminal proceedings.
(2) No one shall be obliged to testify against oneself, the spouse and close relatives as defined
herein.
(3) Damage caused to a person in the result of a violation of his rights and freedoms in the
course of criminal proceedings shall be compensated on the basis and in accordance with the
procedure provided for by law.
(4) In case of sufficient evidence that a victim, witness or other participants of criminal
proceedings on the case, as well as members of their families or close relatives are threatened
with a murder, violence, destruction or damage to their property or with other dangerous
illegal actions, the court, prosecutor, investigator, agency of preliminary investigation shall
take necessary legal measures within their authority to protect the lives, health, honor,
reputation, and property of these persons.
(5) No one shall be convicted only on the basis of his own confession in crime commitment.
(As amended by the Law of KR dated 8 August 2004 #111)

Article 13. Sanctity of Home, Protection of Private Life and Confidentiality of
Correspondence, Telephone Conversations, Postal, Telegraph and Other Communications.
(1) Sanctity of home shall be guaranteed to the citizens. No one shall have the right to get into a
dwelling against the will of the persons residing therein except in the situations and in the
manner described in this Code.
(2) The honor and good name of the citizens shall be protected by the law. Confidentiality of
correspondence, telephone and other conversations, postal, telegraph, and other
communications shall be protected by the law. Infringement of this right shall be permissible
only under a procurator's authorization.
(3) A search, seizure, interception of postal or telegraph communications, wiretaps undertaken at
communications offices, monitoring and recording of telephone or other conversations or
communications may be conducted in the situations and in the manner described in this
Code.
(As amended by the Law of the Kyrgyz Republic of 25 June 2007 #91; July 14, 2008, #142).


Article 14. Inviolability of Property
(1) No one may be deprived of property otherwise so provided herein.
(2) Any property may be seized only if it is considered an exhibit or other evidence for the case,
as well as in cases and in accordance with procedure provided herein.


Article 15. Presumption of Innocence
(1) A person shall be considered innocent until his guilt is proved as provided herein and is
sustained by the guilty verdict of the court which took effect.
(2) The defendant shall not carry the burden of proving his innocence.
(3) Any doubt cast on the evidence of the prosecution which may not be resolved within the
rules of criminal procedure provided herein shall be to the benefit of the defendant. Any
doubt aroused in the course of application of criminal and criminal procedure law shall be to
the benefit of the defendant.


Article 16. Equality of Persons Before the Law and the Court
(1) Justice shall be administered on the basis of equality of persons before the law and the court,
regardless of their social origin, property status and official capacity, races and nationalities,
sexes, education, languages, religions, beliefs, membership in non-governmental organizations,
places of residence, and other facts.
(2)Terms of criminal proceedings on the persons possessing immunity against criminal
prosecution shall be defined by the Constitution of the Kyrgyz Republic, this Code, laws and
international treaties, ratified by the Kyrgyz Republic.


Article 17. Independence of Judges
(1) Judges shall be independent and shall be governed only by the Constitution of the Kyrgyz
Republic and by laws of the Kyrgyz Republic.
(2) Influence on judges in administering justice shall be prohibited and shall be punished by law.
(3) Independence of judges is guaranteed by the Constitution of the Kyrgyz Republic.


Article 18. Adversarial Trial
(1) Criminal proceedings shall be based on principles of adversarial trial and equality of the
parties.
(2) Prosecution, defense, and court decision of the case shall be separated from each other and
shall be executed by different agencies and officials.
(3) The prosecutor shall proof the charge brought against the defendant.
(4) The advocate shall use all means and methods provided by the law to defend the accused.
(5) The court shall not take any of the parties side and shall not express any interests other than
the interests of law.
(6) The court, insuring impartiality and objectiveness, shall make favorable conditions so that the
parties could enjoy their procedural rights and perform their duties.
(7) The parties involved in the criminal proceeding are equal in their rights. The court shall base
the procedural decision only on the evidences (proofs), that were equally accessible for
studies (examination) for both parties.
(8) During the criminal proceedings the parties shall choose their position, means and methods to
stand upon it independently from the court and other agencies and persons. At request of the
party, the court shall assist in acquiring necessary materials in accordance with procedure
provided herein.
(9) Public prosecutor and private prosecutor may choose to support the accusation or refuse from
accusation in the cases provided by the law. The defendant shall have the right to plead guilty
or not guilty. The civil claimant shall have the right to cancel the claim and choose voluntary
settlement with civil defendant. The civil defendant shall have the right to admit the claim
and conclude a voluntary settlement with the civil claimant.


Article 19. Thorough, Complete and Objective Detection of Circumstances of a Case
(1) An investigator shall take all measures provided by this Code in order to thoroughly,
completely and objectively detect circumstances and facts of the case, to find out evidence
both establishing the guilt of the suspect and accused and justifying him as well as both
aggravating and mitigating circumstances.
(2) The court, insuring impartiality and objectiveness, shall provide for the necessary conditions
for both prosecution and defense to fully realize their rights to thorough investigation on the
case. The court may decide on the case only on the basis of true evidence and facts.
(3) During investigation process and hearing of the criminal case the investigator and the court
shall be obliged to find out reasons and circumstances contributing to committing the crime.
In case there is a ground for it, the investigator shall make a resolution, the court – personal
ruling, which shall draw the attention of officials of governmental agencies and other
organizations towards the established facts of law violation for the case, reasons and
circumstances, which have contributed to committing the crime and which demand adequate
measures to be taken. A personal ruling may also be made in case the court finds out facts of
civil rights violation and other violations of law committed during investigation procedure. A
personal ruling may be made by a superior court in case it finds out facts of law violation
committed during investigation or during the trial at inferior court.


Article 20. Guaranteeing the Suspect, Accused or Defendant the Right to Defense
(1) The suspect, the accused or defendant have the right to defense. Agency of preliminary
investigation, investigator, prosecutor, and the court shall provide for the right of the suspect,
the accused and defendant to defend himself by means provided for by law, as well as for
protection of his personal and property rights.
(2) The right to defense shall be also guaranteed to the defendant if the case involves compulsory
medical treatment.


Article 21. Protection of Rights of the Victim of a crime, abuse of power, and court
mistakes
(1) The rights of victims of crimes, abuse of power, as well as the rights of illegally abused
disqualified persons shall be guaranteed during the criminal procedure.
(2) The victim of a crime shall have the right to demand to institute prosecution, participate in
criminal procedure as a complainant, private prosecutor, and claim compensation for the
caused damage, following procedures provided herein.


Article 22. Publicity of Court Proceedings
(1) Hearing of cases in all courts shall be open to the public except those cases when it
endangers national security.
(2) A hearing may be closed if there is a well-grounded ruling of the court or resolution of the
judge, if the crime heard by court involves sexual assault or other offense so that to prevent
disclosure of information concerning intimate matters of private life of participants of court
proceedings, and in cases when it is necessary for the security of the victim, witness or other
participants of court proceedings, their close relatives and family members.
(3) Closed hearings of cases shall be governed by regular procedural requirements.
(4) All verdicts shall be announced in public.


Article 23. Language of Court Proceedings
(1) Court proceedings shall be administered in the national language or in the Russian language.
(2) Persons participating in the proceedings who do not speak the language the hearing is
administered in, shall be secured the right to make statements, to testify, to put forward
motions, to study the dossier of the case, to speak in court in their native languages and use
services of an interpreter.
(3) A copy of the document of accusation and of the verdict (ruling, resolution) shall be handed
to the accused or the convicted person with translation into his native language or any other
language he speaks.


Article 24. Guaranteeing Access to Justice
(1) Any time there are discovered any corpus delicti, an investigator and prosecutor shall, within
their authorities, institute prosecution and shall take all actions provided by law in order to
determine circumstances of the crime and persons who committed the crime.
(2) Investigator and prosecutor shall ensure the right of the victim of a crime to access justice.


Article 25. Appeal From Procedural Actions and Decisions
(1) Actions and decisions of the agency of preliminary investigation, the investigator, and
prosecutor may be appealed as provided herein.
(2) The convicted person has the right to appeal from the verdict to the higher court as provided
herein.
(3) The convicted person has the right to ask for pardon or mitigation of the sentence.

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