Kyrgyzstan

Criminal Procedure Code

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21) receive back the property withdrawn as exhibits or due to other reasons, originals of documents that belong to him, receive back his property confiscated from the offender ;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.

Keywords

Victims' rights - national proceedings



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