Law of Evidence at Kyrgyzstan
Kyrgyzstan's legal system is based on civil law traditions, with a strong emphasis on the rule of law and human rights. The country's approach to the law of evidence is primarily governed by two key pieces of legislation: the Criminal Procedure Code and the Civil Procedure Code.
🏛️ Criminal Procedure Code
The Criminal Procedure Code of the Kyrgyz Republic, last amended in 2017, outlines the procedures for criminal investigations and trials. Key provisions include: (Criminal Procedure Code of the Kyrgyz Republic No. 20 of February 2, 2017, Kyrgyzstan, WIPO Lex)
Article 85: Defines exhibits as objects that may serve to discover the crime, establish actual circumstances of the case, or discover the offender. (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Article 86: Outlines the procedures for the storage and handling of exhibits. (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Article 89: Specifies that documents containing significant information for the criminal case are considered evidence. (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Article 90: States that records of investigation and court proceedings are considered evidence if they meet the requirements of the Code. (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Article 91: Details the collection, testing, and evaluation of evidence, emphasizing the importance of establishing facts of significance for a just case resolution. (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Recent amendments, such as those signed into law by President Sadyr Japarov in December 2023, aim to humanize criminal legislation and introduce modern digital technologies in criminal proceedings. Notably, the amendments allow for remote participation in court hearings via video conferencing and introduce electronic surveillance as a preventive measure . (President approves amendments to Criminal Procedure Code of Kyrgyzstan - | 24.KG)
📄 Civil Procedure Code
The Civil Procedure Code, amended in 2016, governs civil litigation and the presentation of evidence in civil cases. Key aspects include:
Article 94: Addresses the procedures for conducting expert examinations, including the use of multiple experts for complex cases.
Article 94-1: Introduces the concept of complex expert examinations, where multiple experts from different fields collaborate to resolve complex issues.
These provisions ensure that evidence in civil cases is thoroughly examined and evaluated by qualified experts.
⚖️ Legal Framework and Principles
Kyrgyzstan's legal system is based on principles such as:
Adversarial Trial: Criminal proceedings are based on the principles of adversarial trial and equality of the parties. (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Independence of Judges: Judges are independent and shall be governed only by the Constitution and laws of the Kyrgyz Republic . (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
Burden of Proof: The prosecutor is obligated to prove the guilt of the accused . (THE KYRGYZ REPUBLIC CRIMINAL PROCEDURE CODE)
These principles ensure a fair and just legal process in Kyrgyzstan.
RELATED Blog
0 comments