of April 28, 2025 No. 85
About procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes
Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 19, 2025
This Law establishes procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes and also guarantees observance of their rights and legitimate interests.
Note. The procedure and conditions of detention is understood as the mode of pre-trial detention centers, temporary detention centers and guardrooms.
In this Law the following concepts are used:
1) the suspect - person concerning whom on suspicion of crime execution criminal case is brought or is applied detention before election of measure of restraint;
2) the person accused - person concerning whom in the procedure established by the law the decree on attraction it as the person accused in crime execution is issued;
3) the convict - person concerning whom the court pronounces conviction.
Detention of suspects and the crimes accused of making (further - detention) is performed for realization of the purposes provided by the Code of penal procedure of the Kyrgyz Republic.
Detention is performed according to the principles of legality, equality of all citizens before the law, humanity, respect of human dignity, the principles and rules of international law, and also the international treaties which became effective according to the legislation of the Kyrgyz Republic and shall not be followed by the tortures, other actions aiming at causing physical or moral sufferings by the suspect and person accused of making of crimes who is held in custody.
1. The basis of detention of persons detained on suspicion of making of crimes is the resolution on the detention constituted according to the procedure, established by the Code of penal procedure of the Kyrgyz Republic.
2. The basis of detention of persons accused to whom as measure of restraint detention is applied is the decree (determination) of the judge (court) issued according to the procedure, established by the Code of penal procedure of the Kyrgyz Republic.
1. Suspects, persons accused and convicts (on not become effective sentences) are considered innocent until their guilt is proved in the procedure provided by the law and is established by the court verdict which took legal effect (further - suspects and persons accused). They have the rights and freedoms and perform the duties established for citizens of the Kyrgyz Republic with the restrictions provided by this Law and other laws of the Kyrgyz Republic.
2. Suspects and the accused foreign citizens and persons without citizenship who are held in custody in the territory of the Kyrgyz Republic perform duties and have the rights and freedoms established for citizens of the Kyrgyz Republic, except for the restrictions allowed by the Constitution of the Kyrgyz Republic, this Law and other laws of the Kyrgyz Republic, and also the international treaties which became effective according to the legislation of the Kyrgyz Republic.
3. Discrimination of suspects and persons accused on bases of sex, races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations and on other circumstances is not allowed.
4. Suspects and persons accused have the right to free legal aid according to the legislation of the Kyrgyz Republic. The administration in places of detention shall provide meeting of lawyers or other legal representatives with suspects and persons accused.
Places of detention of suspects and persons accused are:
1) pre-trial detention centers of criminal executive system;
2) pre-trial detention centers of bodies of homeland security of the Kyrgyz Republic;
3) temporary detention centers of the suspected law-enforcement bodies of the Kyrgyz Republic;
4) temporary detention centers of the suspected bodies of homeland security of the Kyrgyz Republic;
5) guardrooms (garrison guardrooms) of Armed Forces of the Kyrgyz Republic.
Note. Persons brought to trial on suspicion and accusation in making of crimes by bodies of prosecutor's office, customs of the Kyrgyz Republic are held in custody in the temporary detention centers (TDC) of law-enforcement bodies of the Kyrgyz Republic and pre-trial detention centers (pre-trial detention center) of criminal executive system. They can contain also persons, suspects and persons accused in making of crimes and brought to trial by bodies of homeland security, in case of absence at them territorial temporary detention centers and pre-trial detention centers.
1. Pre-trial detention centers of criminal executive system, and also pre-trial detention centers of bodies of homeland security of the Kyrgyz Republic are intended for content of the crimes accused of making to which as measure of restraint detention is applied. Pre-trial detention centers can have rights of the legal entity.
2. Pre-trial detention centers of criminal executive system are created and liquidated by the Cabinet of Ministers of the Kyrgyz Republic and are the organizations which are a part of the system of territorial authorities of criminal executive system.
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