Last Change:

06/12/2025

The Criminal Procedure Code of the Kyrgyz Republic

Original names of the law: Кыргыз Республикасынын 2021-жылдын 28-октябрындагы № 129 "Кыргыз Республикасынын Кылмыш-жаза процессуалдык" кодекси

Year: 2021

Type: Domestic law

Rights Category: Asylum, Freedom of movement, Liberty & security of person, Social protection, Family life, Documentation

Description

The Criminal Procedure Code of the Kyrgyz Republic, enacted on October 28, 2021 (Law No. 129), governs criminal proceedings throughout the Kyrgyz Republic. The Code is built upon the Constitution of the Kyrgyz Republic, generally accepted principles and norms of international law, and international treaties that have entered into force in accordance with Kyrgyz legislation.

Selected provisions
Article 111 - Transfer of a child into care

1. The transfer of a child to the care of parents, legal representatives, employees of the authorized state body for the protection of children, as well as representatives of special children's institutions consists of the assumption by any of the said persons of a written obligation to ensure the proper behavior of the child and his appearance before the investigator, prosecutor and in court.
2. The transfer of a child to the care of parents and other persons is possible only upon their written request, in which case they are informed of the nature of the crime of which the child is accused and of their liability in the event of a violation of the assumed duties of care.

Article 114 - Detention

1. Taking into custody as a preventive measure shall be applied by a court decision when it is impossible to apply another, more lenient, preventive measure to persons accused of committing crimes for which the criminal law provides for a punishment in the form of imprisonment for a term exceeding 5 years. When applying a preventive measure in the form of taking into custody, the ruling of the investigating judge, the court, the court's determination must indicate the specific, factual circumstances on the basis of which the judge, the court made such a decision. Such circumstances may not be data that was not verified during the court hearing or presented in violation of the requirements of this Code.

Article 348 - Types of sentences

1. A court verdict may be guilty or acquittal.
2. A guilty verdict may be rendered:
1) with the imposition of a punishment to be served by the convicted person;
2) with the imposition of a punishment and release from serving it;
3) with the imposition of a punishment and release from punishment with the application of probation supervision;
4) without imposition of a punishment.

Article 532 - Refusal to extradite

Refusal to extradite
1. Extradition shall not be permitted:
1) if the person in respect of whom the request for extradition has been received from a foreign state is a citizen of the Kyrgyz Republic;
2) if the person has been granted asylum in the Kyrgyz Republic due to the possibility of persecution in that state on the basis of race, religion, citizenship, nationality, membership in a particular social group or political beliefs;
3) if the act that served as the basis for the request for extradition is not recognized as a crime in the Kyrgyz Republic;
4) if there is a final and binding sentence for the same crime against the person or the proceedings have been terminated;
5) if, under the legislation of the Kyrgyz Republic, a criminal case cannot be initiated or the sentence cannot be executed due to the expiration of the statute of limitations or for other legal reasons;
6) if there is a decision of a court of the Kyrgyz Republic that has entered into legal force on the existence of obstacles to the extradition of this person in accordance with the legislation and international treaties of the Kyrgyz Republic; 7) if there are grounds to believe that the person may be subjected to the threat of torture in the requesting state.

Article 433 - Deferral of execution of a sentence

1. For an accused or convicted pregnant woman, a woman with a child under 14 years of age, except for one sentenced to imprisonment for committing a particularly serious crime, as well as a man with a child under 14 years of age who is the only parent, except for an accused or convicted person for a serious or particularly serious crime, the court may defer serving the sentence until the child reaches 14 years of age.
2. The issue of deferring the execution of a sentence is decided by the court that passed the sentence, or at the place of serving the sentence upon the submission of the correctional institution on the basis of a petition from the convicted woman, convicted person, their legal representative, close relatives, spouse, or lawyer.
3. The issue of deferring the execution of a sentence is decided by the court with the participation of the prosecutor.
Article 434. Release from serving a sentence due to a serious incurable illness
1. If a convicted person, while serving a sentence, develops mental disorders or another serious incurable illness that prevents him from serving his sentence, the court, upon the application of the body and (or) institution executing the sentence and other criminal-law measures, and on the basis of the conclusion of the state medical commission, has the right to release the convicted person from further serving the sentence.
2. Simultaneously with the release from further serving of the sentence of a convicted person who has developed mental disorders, the court applies compulsory medical measures to him.
3. When deciding on the release from further serving of the sentence of persons who have developed a serious incurable illness that prevents them from serving the sentence, except for persons who have developed mental disorders, the judge takes into account the severity of the crime committed, the personality of the convicted person and other circumstances.
4. When releasing a convicted person from further serving a sentence due to illness, the court has the right to release him only from the main type of punishment.

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