Presumption of innocence

Kyrgyzstan

Kyrgyzstan - Constitution 2010 EN

SECTION II
HUMAN RIGHTS AND FREEDOMS

Chapter II
Human rights and freedoms

Article 26

1. Everyone shall be presumed innocent of committing a crime until found guilty in accordance with the law and his/her guilt was ascertained by a court verdict having entered into force. The violation of this principle shall serve a basis for the compensation of material and moral damage through a court.

SECTION II
HUMAN RIGHTS AND FREEDOMS

Chapter II
Human rights and freedoms

Article 26

2. No one should prove his/her innocence. Any doubts in respect of culpability shall be interĀ¬preted for the benefit of the accused.

Kyrgyzstan - Criminal Code 1997 (2008) EN

GENERAL PART

SECTION I. CRIMINAL LAW

Chapter 1. OBJECTIVES AND PRINCIPLES OF THE KYRGYZ REPUBLIC CRIMINAL CODE

Article 3. Principles of the Kyrgyz Republic Criminal Law

(2) No person shall be returned guilty of committing a crime until the guilt is recognized by an effective court verdict.

Kyrgyzstan - Criminal Procedure Code 1999 (2008) EN

GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE

Article 15. Presumption of Innocence

(1) A person shall be considered innocent until his guilt is proved as provided herein and is sustained by the guilty verdict of the court which took effect.

(2) The defendant shall not carry the burden of proving his innocence.

(3) Any doubt cast on the evidence of the prosecution which may not be resolved within the rules of criminal procedure provided herein shall be to the benefit of the defendant. Any doubt aroused in the course of application of criminal and criminal procedure law shall be to the benefit of the defendant.

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.