GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE

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.

PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS

CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT

Article 50. Rights and Responsibilities of a Victim

(1) The victim has the rights to :

1) know about kind of the charge brought against the accused ;
2) testify ;
3) introduce evidence ;
4) make motions and challenges ;
5) testify in the native language or the language he speeks ;
6) use services of an interpreter ;
7) have a legal representative ;
8) participate in investigational proceedings requested by him or his legal representative ;
9) study records of the investigational proceedings he was involved in and comment on such records ;
10) study the dossier of the case after the investigation and write out the necessary information ;
11) get copies of resolutions on initiation of criminal proceedings on the case, on his recognizance as the victim or on denial to recognize him a victim, on dismissal of criminal proceedings, a copy of the resolution on the charge, and copies of decisions of the court ;
12) participate in court ;
13) speak in court, support the prosecution ;
14) study the transcript of court proceedings and comment on it ;
15) make petitions against actions of preliminary investigator, actions and decisions of the investigator, prosecutor, and the court ;
16) appeal from decisions of the court ;
17) know about appeals and petitions filed on the case and object them ;
18) participate in court proceedings on consideration of appeals and petitions ;
19) reconcile with the defendant in cases provided herein ;
20) be compensated by the state for damages caused by the crime ;
21) receive back the property withdrawn as exhibits or due to other reasons, originals of documents that belong to him, receive back his property confiscated from the offender ;
22) request from the convicted compensation of moral damage, caused by the crime.

(2) The victim shall :

1) appear if summoned by the investigator, prosecutor, or the court ;
2) testify, give true information concerning the case ;
3) provide objects, documents and articles he has for the comparative analysis ;
4) agree to examination if so requested by the investigator, prosecutor or the court ;
5) not disclose evidence on the case known to him ;
6) obey orders of the investigator, prosecutor, the court ;
7) follow the rules of behavior in the court room.

(3) In the event of failure of the victim to appear without plausible excuse, he may be brought to court or other agency of criminal prosecution and investigation and be fined in the amount of two times the estimated rates as provided in Articles 120 and 121 of this Code.

(4) In the event of refusal to testify or if perjuring, the victim shall be liable in accordance with Articles 330 and 331 of the Criminal Code of the Kyrgyz Republic.

(5) If the victim was murdered or died as a result of the crime, the rights provided by this article shall be enjoyed by his close and other relatives.

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.