The Criminal Procedure Code of the Kyrgyz Republic - Generic

1. Respect for the honor and dignity of the individual is mandatory for all bodies and persons participating in criminal proceedings.
2. The use of threats, violence and other illegal measures during investigative, judicial and other procedural actions is prohibited.
3. The detention of a person in respect of whom detention has been chosen as a preventive measure, as well as a person detained on suspicion of committing a crime, must be carried out in conditions that exclude a threat to his life and health.
4. None of the persons participating in the case may be subjected to violence, torture or other cruel or degrading treatment or punishment.

1. The suspect has the right to:
1) know what he is suspected of;
2) receive copies of the decision to initiate a criminal case, the decision on detention;
3) receive a written explanation of his rights;
4) defend himself personally or with the help of a lawyer of his choice;
5) upon detention, to have one effective free and supervised telephone conversation;
6) have a lawyer from the moment of the first interrogation, and upon detention - from the moment of actual detention, and in the absence of a chosen lawyer - to legal assistance guaranteed by the state;
7) to legal assistance guaranteed by the state in cases stipulated by law;
8) to meet with his lawyer alone, without restrictions on their number, duration and in conditions excluding the possibility of wiretapping;
9) to testify or refuse to testify;
10) to testify in his native language or a language he speaks;
11) use the services of an interpreter;
12) present evidence;
13) file motions and challenges;
14) familiarize themselves with the protocols of investigative actions conducted with their participation and submit comments that are entered into the protocol, as well as receive copies of them;
15) participate, with the investigator's permission, in investigative actions conducted at their request or at the request of a lawyer or legal representative;
16) file complaints about the actions of an employee of the inquiry bodies, the actions and decisions of the investigator, the prosecutor;
17) for a medical examination and medical assistance after actual detention;
18) reconcile, including through mediation, with the victim in cases stipulated by law.

2. The suspect is obliged to:
1) appear when summoned by the body conducting the investigation of the case;
2) obey the demands of the investigator, the prosecutor.

3. A suspect may be subjected, at the request of the body conducting the investigation of the criminal case:
1) to a search, as well as a personal search upon detention;
2) to a medical examination, fingerprinting, photography, video filming;
3) to a medical examination;
4) to an expert examination.

1. Detention of a suspect in committing a crime is a short-term de facto deprivation of freedom of movement of a person, which is used by an investigator in urgent cases in order to prevent a crime or to establish the involvement of the detainee in a crime. 2. An investigator has the right to detain a person on suspicion of committing a crime for which a penalty of imprisonment may be imposed, if one of the following grounds is present: 1) if the person is caught committing a crime or immediately after it has been committe 2) if eyewitnesses, including victims, directly point to this person as the person who committed the crime; 3) if obvious traces of a crime are found on the suspect or on his clothes, with him or in his home. 3. The detention of persons suspected of committing crimes shall be carried out after special investigative or investigative actions have been carried out, sufficient to inform the suspect of the crime he is suspected of committing, with the exception of the cases provided for in Part 2 of this Article. 4. In the event of the detention of an accused person who has been declared wanted, a detention order shall be drawn up in the manner provided for in Article 97 of this Code, and notification shall be sent in accordance with Article 102 of this Code.

1. The order to detain a suspect is drawn up at the time of his delivery to the investigative body. At the time of actual detention, the suspect must be informed of what he is suspected of, and also explained his right not to testify against himself, the right to have a lawyer, and the right to use state-guaranteed legal assistance.
2. The order to detain shall indicate the date and place of its preparation, the position, last name, and first name of the person who drew up the order, information about the identity of the suspect, his physical condition at the time of detention, the grounds and motives, the place and time of actual detention (indicating the hour and minutes), information about the explanation to the suspect of the rights provided for in Article 44 of this Code, the results of the personal search and telephone conversation.
3. The order to detain is announced to the suspect and signed by the investigator and the detainee, indicating the exact time of the actual detention of the suspect, as well as the lawyer.
4. A copy of the ruling shall be immediately handed to the detainee and sent to the prosecutor within 12 hours.
5. Before the expiration of 45 hours, or in the case of a child suspect, before the expiration of 21 hours from the moment of actual detention, the suspect shall be brought to court to decide on the legality and validity of his detention in the manner prescribed by Article 265 of this Code.
When detaining a person who has been declared wanted, verification of the legality and validity of the detention is not required. In this case, before the expiration of 48 hours, or in the case of a child, before the expiration of 24 hours from the moment of detention, the person shall be brought to court to consider the issue of establishing the period for applying the preventive measure or changing the preventive measure.
The detention of persons suspected of committing crimes for which the statute of limitations for criminal prosecution has expired is not permitted.
6. The investigator, if necessary, is obliged, at the request of the defense, to ensure timely (no later than 12 hours) access to the suspect located in the place of detention for a medical examination and, if necessary, for the assistance of a doctor. 7. A complaint by a detained suspect against the actions (inaction) and decisions of the inquiry or investigation body shall be immediately sent by the head of the place of detention to the court with the entry of data in the Unified Register of Crimes.

1. Preventive measures are measures applied to the accused to prevent his/her inappropriate behavior during the investigation and trial of a criminal case. 2. Types of preventive measures: 1) written undertaking not to leave; 2) transfer to the supervision of the command of a military unit; 3) transfer of a child to the supervision of parents or persons and organizations replacing them; 4) bail; 5) house arrest; 6) detention. 3. Only one preventive measure may be applied to the same person, except in cases where another crime has been committed. In the event of application of two or more types of preventive measures to the same person in different criminal cases, the most severe preventive measure shall be applied.

1. If there are sufficient grounds to believe that the accused will abscond from the investigation or trial, or may threaten a witness or other participants in criminal proceedings, destroy evidence, or otherwise obstruct the objective conduct of the investigation and trial, or will continue to engage in criminal activity, and also to ensure the execution of the sentence, the investigator, prosecutor, investigating judge and court, within the limits of their authority, shall apply to this person one of the preventive measures provided for in Article 104 of this Code. 2. A preventive measure in the form of detention may be applied to a person for the purpose of ensuring his subsequent extradition for criminal prosecution or the execution of a court sentence in the manner provided for in Article 528 of this Code.

1. When applying a preventive measure, the investigator, prosecutor, investigating judge, or court shall issue a reasoned ruling or determination indicating the surname, first name, and patronymic, year and place of birth of the accused, the nature of the charge, the article of the criminal law under which the charge was brought, the type of preventive measure applied, and the grounds for its selection.
2. The investigator's ruling on applying a preventive measure shall be announced to the accused against signature, and a copy shall be sent to the prosecutor. At the same time, the procedure for appealing the decision on applying a preventive measure, as provided for in Chapter 15 of this Code, shall be explained to him.
3. When applying a preventive measure in the form of bail, house arrest, or detention, the investigator, with the consent of the prosecutor, shall file a corresponding motion with the court. The ruling on filing the motion shall set out the reasons and grounds by virtue of which it became necessary to apply the corresponding preventive measure with respect to the accused. Materials confirming the validity of the motion shall be attached to the ruling. If the motion is filed with respect to an accused detained in the manner prescribed by Articles 96 and 97 of this Code, the said materials must be submitted by the investigator to the investigating judge within 45 hours from the moment of actual detention, and with respect to a child - within 21 hours from the moment of actual detention.
4. A copy of the resolution on filing a motion to apply a preventive measure with the attached documents confirming the validity of the motion shall be handed by the investigator to the accused and his lawyer no later than 3 hours before it is submitted to the investigating judge.
5. The resolution on filing a motion to apply a preventive measure shall be considered by the investigating judge with the participation of the accused, the prosecutor, and the lawyer at the place of the investigation or the place of detention of the accused within 5 hours from the moment the materials are submitted to the court. The person detained in the manner prescribed by Articles 96 and 97 of this Code shall be brought to the court hearing. In a court hearing when a preventive measure is applied to an accused child, the participation of his/her legal representative is mandatory. In a court hearing, a lawyer has the right to file motions on the need to apply another preventive measure or not to apply a preventive measure in written or oral form. A written motion is attached to the case. In circumstances that exclude the participation of a lawyer, he/she is replaced by another lawyer in accordance with Part 5 of Article 50 of this Code.
6. The adoption of a court decision on the application of a preventive measure in the absence of the accused is allowed with the mandatory participation of a lawyer.
7. The ruling of the investigating judge on the application of a preventive measure in the form of bail, house arrest, detention or on the refusal to do so may be appealed by the prosecutor, the accused and his/her lawyer to a higher court in the appellate procedure within 5 days. The filing of a submission or complaint against the ruling of the investigating judge until they are resolved does not suspend the effect of the ruling on the application of a preventive measure and does not entail its cancellation.

1. After the actual detention, the investigator is obliged to immediately notify any of the close relatives, spouse, and lawyer of the detention of the suspect and provide the suspect with the opportunity to notify free of charge. A note on the notification made is made in the detention order.
2. If the detained suspect is a citizen of another state, the embassy or consulate of this state must be notified in the manner prescribed by Part 1 of this Article, which is noted in the detention order. If there is no embassy or consulate of the state of which the detained suspect is a citizen in the territory of the Kyrgyz Republic, the notification is sent to the authorized state body.
3. When a child suspected of committing a crime is detained, his legal representatives and the authorized state body for the protection of children are immediately notified.

1. When deciding on the need to apply a preventive measure, on determining its type in the presence of grounds provided for in Article 105 of this Code, the investigating judge, the court shall take into account the validity of the charge, information about the personality of the accused, his age, state of health, family status, occupation and other circumstances. 2. The investigator, the court shall: 1) if the person taken into custody has children who are left without supervision, transfer them to the care of the appropriate persons or organizations; 2) if the person taken into custody has property or housing that is left without supervision, take measures to protect it. 3. The investigator, the court shall notify the suspect, the accused in custody of the measures taken.