RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS
INTERROGATION, CONFRONTATIONAL INTERROGATION, IDENTIFICATION AND EXAMINATION OF TESTIMONY
Article 142. Place of and Time for Interrogation
142.1. An interrogation shall be carried out at the place of executing an inquiry or investigation and if necessary, where the person to be interrogated is present.
142.2. An interrogation shall be carried out continuously for not longer than 4 hours and if it is going to take longer than that, an 1 hour break shall be allowed and an interrogation shall not last longer than 8 hours at a time.
Article 143. Summoning for Interrogation
143.1. A witness, victim, or suspect and accused at large shall be summoned by a subpoena.
143.2. A subpoena shall indicate who has been summoned, for what purposes, where, and when and as well as the responsibilities for nonappearance within the summoned period.
143.3. A subpoena shall be handed to the person summoned, or if the person is absent to any adult member of his/her family, or in his/her absence, to the Governor of the soum, bagh, or housing committee or to the administration of an organization where the person works.
143.4. A person to be interrogated may be summoned by using information or communication
143.5. In case of nonappearance without respectful reasons, the person to be interrogated shall be
brought in through compelling as provided by this Law.
143.6. A person confined under guard shall be interrogated at the place of confinement or the inquiry or investigation.
143.7. A minor witness, victim, suspect or accused shall be summoned through his/her parents or legal representatives.
Article 144. Common Procedure for Executing an Interrogation
144.1. Identity of a person to be interrogated shall be verified before an interrogation.
144.2. A person summoned for interrogation shall be explained beforehand of the purpose of the
interrogation and introduced with his/her rights and duties, and a note to such effect shall be made in the record.
144.3. Persons being interrogated as a witness or victim shall be warned in writing of responsibility for giving deliberately false testimony or evading to give a testimony.
144.4. Interrogation shall commence with a person being interrogated telling circumstances of a case known to him/her.
144.5. After a person being interrogated told circumstances of a case, questions may be put to him/her to clarify his/her testimony.
144.6. Leading or urging questions to a person being interrogated shall be prohibited.
144.7. If a person being interrogated is to give testimony regarding figures or other things complex to remember, he/she may use documents or other records with the permission of an inquiry officer or investigator and they may be attached to the record.
144.8. A person being interrogated may be presented physical evidences, documents, other evidences or records of other persons interrogations and explanations regarding them may be taken.
Article 145. Interrogation of Minor Witness
145.1. Before interrogation of a minor witness he/she shall be explained about the importance of telling truthfully all circumstances of a case known to him/her, but it shall be prohibited to warn him/her of responsibility for refusing to give or evading from giving a testimony or for giving deliberately false testimony.
145.2. During interrogation of a minor witness, his/her parents, legal representative, relative or a
pedagogue shall be present and they shall be explained of their rights and duties, and this shall be noted in the record of the interrogation.
145.3. The persons present at an interrogation may put questions to a minor witness but an inquiry
officer or investigator shall have the right to prevent answering to the questions and the questions shall be noted in the record.
145.4. Upon completion of an interrogation the correctness of the recording of the testimony shall be confirmed and the persons who were present at the interrogation shall sign the record.
Article 146. Record of Interrogation
146.1. A record shall be made in conformity with provisions of Articles 153 and 202 of this Law.
146.2. A testimony shall be written down verbatim in the first person, along the questions put forward and answers given.
146.3. Upon completion of an interrogation the record shall be presented to the interrogated person for him/her to read or, at the consent of the person, shall be read to him/her and if the person requires to introduce amendments or correction it shall be obligatory to note this in the record.
146.4. An note shall also be made in the record indicating whether the person has read the record
personally or it has been read to him/her by an inquiry officer or investigator.
146.5. Drawing, table or pictures made by an interrogated person shall be attached to a case and this shall be noted in the record.
146.6. An interrogated person shall read the record and certify that the testimony is correctly recorded, and shall sign the record to that effect.
146.7. If the record has several pages, an interrogated person shall sign each page separately.
146.8. If an interrogated person requests to write his/her testimony personally, such an opportunity shall be allowed and this shall be noted in the record.
146.9. The record shall be signed by an inquiry officer or investigator and other persons who were
present at the interrogation.
146.10. If an interrogation has taken place with the participation of a translator, interpreter, the record shall be made in conformity with the rules established by Article 191 of this Law.
Article 147. Procedure for Interrogating Witness and Victim
147.1. The common procedures of Article 144 of this Law shall apply to the interrogation of a victim or witness.
147.2. Witnesses and victims in a same case shall be interrogated separately and measures to prevent them from communicating with each other shall be taken.
147.3. Before an interrogation an inquiry officer or investigator shall verify the identity of a witness or victim and shall explain his/her duties and remind him/her of responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony, and this shall be noted in the record and signed by the witness or victim.
147.4. A witness or victim shall be explained their right not to give an aggravating testimony against themselves, or a member of family, their parents or children and if they chose not to exercise the right they shall be reminded of responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony.
Article 148. Interrogation of Minor Victim
148.1. Interrogation of a minor victim shall be executed in accordance with the rules set forth in
Article 145 of this Law.
Article 149. Confrontational Interrogation
149.1. If there are serious differences in the testimonies of persons other than a suspect or accused an inquiry officer or investigator shall have the right to execute a confrontational interrogation between previously interrogated persons.
149.2. Before confrontational interrogation a witness, victim or expert shall be reminded of
responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony and this shall be noted in the record.
149.3. In commencing an confrontational interrogation the persons shall be asked whether they know each other and what relation they have to each other and then their testimonies regarding circumstances to be clarified shall be taken and subsequently questions may be put to each of the persons being interrogated.
149.4. The persons being confronted may put questions to each other with the consent of an inquiry officer or investigator.
149.5. If the testimony given during confrontational interrogation is different than a previous testimony, the previous testimony shall be read after the testimony of confrontational interrogation is recorded and explanations shall be taken.
149.6. Testimony of the persons interrogated during confrontational interrogation shall be written down in the record in the order in which it is given and each person interrogated shall sign each page of his/her testimony.
Article 150. Finding Through Identification
150.1. When necessary an inquiry officer or investigator may present a person, an animal, or an item to a witness, victim, suspect, or accused for identification and find them.
150.2. Person who is about to find through identification shall be questioned beforehand concerning the circumstances under which they have seen a person, an animal or an item and the features or peculiarities by which they are able to identify.
Article 151. Procedure for Finding Through Identification
151.1. A person who is being identified shall be presented to a person making the identification together with not fewer than three other persons resembling the person being identified.
151.2. Before the identification the person being identified shall be told to take any place he chooses among the persons being presented, and this shall be noted in the record.
151.3. If it is not possible to present a person physically, his/her photograph may be identified among not fewer than three other photographs.
151.4. A farm animal, other animal or an item shall be presented together with similar farm animals, animals or items.
151.5. If the person making the identification is a witness or victim, they shall be warned beforehand of responsibility for responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony, and this shall be noted in the record.
151.6. The person making the identification shall be required to indicate the person, farm animal,
animal or item mentioned in his/her testimony and leading or warning questions shall not be permitted.
151.7. If the person making an identification has indicated one of the persons, farm animal, animals or items presented, he/she shall be asked to explain by which features or peculiarities he/she has recognized them and this shall be noted in the record.
151.8. During the action of finding through identification not fewer than 2 witnesses shall be present.
151.9. If the person making an identification wishes so, he/she shall be allowed to make the
identification without knowledge of the person being identified.
Article 152. Record on Action of Finding Through Identification
152.1. A record on action of finding through identification shall be made in conformity with the
provisions of Articles 146 and 154 of this Law.
152.2. The record shall have information concerning the identity of the person making the identification and description the persons, farm animals, animals or items presented for identification, and the testimony of the person making the identification shall be written verbatim.
Article 153. Verifying Testimony on the Spot
153.1. Testimony of a suspect, accused, witness or victim may be verified on the spot in order to verify new circumstances, traveled route or an indicated place or to compare and verify truthfulness of a previously given testimony.
153.2. During the action set forth by Article 153.1. of this Law, the person whose testimony is being verified shall indicate some specific items, documents or traces significant to the case, perform certain activities, and explain clearly and in detail his/her previously given testimony with respect to which items did play what role in the event being examined and how the spot, where the event took place, has been changed.
153.3. It shall be prohibited to interfere, to pose leading or warning questions during verification of a testimony on the spot.
153.4. Two third party witnesses, or if necessary, a specialist shall be involved during verification of a testimony on the spot.
153.5. It shall be prohibited to verify testimonies of several persons together, on one spot.
153.6. Verification of a testimony shall be carried out based on the testimony and by the initiative of the person who gave the testimony, an inquiry officer on an investigator.
153.7. Questions to the person whose testimony is verified may be posed after the person has freely spoken and shown activities.
153.8. During verification of a testimony on the spot it may be permitted to take photos, make audio or video recordings, drawings and measures which shall be noted in the record.
153.9. During the action of verification of a testimony a record shall be made according to requirements of Articles 146 and 154 of this Law.
Article 154. Certification of the Fact of Refusal to Sign or Inability to Sign Record of Investigative Action
154.1. If a suspect, accused, witness, or other person refuses to sign the record of an investigative
action, an inquiry officer or investigator shall make a special note to such effect and sign it.
154.2. An opportunity shall be given to the person refusing to sign the record to explain the grounds for the refusal and the explanation shall be entered in the record and signed by the person.
154.3. If a suspect, accused, victim or witness is not able to sign the record due to physical disabilities or other health reasons an inquiry officer or investigator may invite an outside person to sign the record with the permission of the person interrogated.
154.4. If third party witnesses and others refuse to sign the record of an investigative action they have taken part, they shall sign the special note as well.
CHAPTER TWENTY EXPERT EXAMINATION
Article 155. Procedure for Assignment of an Expert Examination
155.1. If deemed necessary to carry out an expert examination an inquiry officer, investigator,
procurator or court shall issue a decree to such effect which shall indicate the grounds for assigning the examination, name of the expert, the questions posed before the expert, and the materials transferred to the supervision of the expert.
155.2. An inquiry officer, investigator, procurator or judge shall present a suspect, accused or defendant with the decree assigning an expert examination and explain his/her rights as provided by Article 156 of this Law and a record shall be made to this effect and signed by respective persons.
155.3. An inquiry officer, investigator, procurator and judge shall have the right to be present during an examination.
155.4. If a suspect, accused or defendant is not able to comprehend the situation due to psychiatric illness, the decree to assign a forensic psychiatric expert examination and the opinion of the experts may not be presented to him/her.
155.5. It shall be prohibited to assign an expert on questions of application of law or of interpreting
articles, paragraphs or provisions of law.
Article 156. Obligatory Expert Examination
156.1. Expert examination shall be obligatory in following instances:
156.1.1. to establish the cause of death if it was occurred due to outside influence or is suspicious;
156.1.2. to determine degree and the character of bodily injuries;
156.1.3. to determine the mental state of a suspect, accused or defendant if a doubt arises of his/her ability to explain and to control his/her actions in the case;
156.1.4. to determine the mental state of a witness or victim, if a doubt arises of his/her ability to objectively reflect circumstances significant to the case and to give correct testimony;
156.1.5. to establish the age of a suspect, accused, defendant or victim if documents concerning their age are missing and establishment of their age is significant to the case.
156.1.6. to determine the age of accused in an especially grave crime.
Article 157. Rights of Suspect, Accused, Defendant, and Victim During Expert Examination
157.1. During carrying out of an expert examination a suspect, accused, defendant or victim shall have the right to:
157.1.1. to request to challenge the expert;
157.1.2. to present additional questions to the expert;
157.1.3. to provide the expert with additional documents and give explanations in that regard;
157.1.4. to be present at the expert examination, with the permission of an inquiry officer, investigator or procurator;
157.1.5. to become acquainted with the opinion of the expert.
157.2. If the request of a suspect, accused, defendant or victim described in Article 157.1. of this Law is considered to be grounded to be satisfied, the decree to assign an expert examination may be changed or amended.
157.3. If the request is denied a decree reasoned to this effect shall be issued and presented to the suspect, accused, defendant or victim and it shall be signed by them.
Article 158. Carrying out Expert Examination at Expert Institutions
158.1. A person authorized to assign an expert examination shall appoint him/herself an expert and prior to this an expert institution shall have submitted a list of experts that mentions their work experiences and specialized areas to an inquiry or investigation agencies or to court or to a procurator's office.
158.2. A person who has assigned an expert examination shall explain the expert his/her rights and duties as provided by Article 46 of this Law and shall warn of responsibility for refusing to give or evading from giving of an expert opinion, or giving a deliberately false opinion and a signature shall be obtained from the expert.
Article 159. Carrying out Expert Examination Outside of Expert Institution
159.1. If an expert examination is to be carried out outside of an expert institution, a person authorized to assign an expert shall, after issuing the decree to assign an expert examination, summon the expert being assigned to carry out the examination to ascertain his/her identity, professional degree and competence, to establish the relation of the expert to the accused suspect or victim, and shall verify whether there are grounds for the expert to refuse the examination.
159.2. After taking actions specified Article 159.1. of this Law, if it is considered that there is no
conflicting reason, the expert shall be handed the decree to assign an expert examination, and he/she shall be explained of his/her rights, duties and responsibilities provided by Article 46 of this Law, and shall sign the decree.
159.3. If an expert makes any request during an expert examination, the person appointed the expert shall make a note to such effect, in accordance with procedures set forth in Article 146 and 154 of this Law.
Article 160. Obtaining Samples for Comparative Examination
160.1. An inquiry officer, investigator, procurator or court shall have the right to obtain from a suspect or accused samples of his handwriting or other samples necessary for comparative examination, and a decree shall be issued to such effect.
160.2. If there are grounds to consider that traces of a witness or victim have been left at a crime scene or on the physical evidence, samples of handwriting or other samples and prints may be obtained from them for comparative examination.
160.3. If necessary, samples or prints for comparative examination may be obtained with the
participation of a specialist, who has no personal interest in the case.
160.4. A record concerning obtaining of samples or prints shall be made in conformity with the rules provided by Articles 146 and 154 of this Law.
Article 161. Transfer of Suspect, Accused or Defendant to a Medical Institution
161.1. If it is necessary to observe a suspect, accused or defendant in a medical institution for a
specified period of time in order to make forensic medical or mental illness research expert's conclusion, the person authorized to appoint an expert witness shall issue a decree specifying its grounds and apply the decree.
161.2. If a suspect or accused, in respect of whom measure of restraint of confinement under guard has not been taken, is to be transferred to mental illness research institution it shall be executed with an approval of a procurator.
161.3. Term spent in a mental illness research institution shall be included in the term of confinement under guard.
Article 162. Content of an Expert Conclusion
162.1. An expert shall issue his/her conclusion upon carrying out relevant examination.
162.2. A conclusion shall specify where and when an examination was carried out, by whom (surname, name, education, profession, scientific degree, and position), grounds for the examination, who was present during the test, what material was used, what examination was performed, what questions were put to the expert, answers given in response to them, and their grounds.
162.3. If in the course of an examination an expert has established other facts of importance to a case, he/she shall be obliged to specify the fact in the conclusion irrespective whether a question was put forward in this regard.
162.4. A conclusion shall be issued in writing and be signed by an expert and if several experts have participated in a test and have issued an unanimous conclusion, they shall sign one conclusion and if disagreed they shall attach their comments to the conclusion.
Article 163. Interrogation of Expert
163.1. An inquiry officer or investigator may interrogate an expert for the purpose of getting
explanation on or clarifying the conclusion made by the expert.
163.2. The expert shall have the right to write the answers him/herself and record of interrogation of the expert shall be made in conformity with the rules provided in Articles 146 and 202 of this Law.
Article 164. Presentation of Expert's Conclusion to Suspect, Accused or Defendant
164.1. A conclusion of an expert or his/her explanation on the impossibility of issuing a conclusion, as well as record of interrogation of the expert, shall be presented to the suspect, accused or defendant who shall have the right to reject the conclusion or explanation, to give his/her own explanation, to put questions to the expert or to request supplementary or repeated expert examination.
164.2. The presenting of the expert's conclusion, explanation, or testimony, and questions asked by the suspect, accused or defendant and the explanation of their rights and duties shall be noted in the record of interrogation of the suspect, accused or defendant.
Article 165. Supplementary and Repeated Expert Examination
165.1. In the event of insufficient clarity or completeness of a conclusion or if there are circumstances requiring examination of new aspects of the examined issue a supplementary examination of an expert may be assigned to the same or another expert.
165.2. If the conclusion of an expert is groundless or its correctness is doubtful a repeated expert
examination may be assigned to another expert.
165.3. In carrying out supplementary or repeated expert examination provided for in Articles 165.1., 165.2. of this Law, the rules set forth in Articles 155-157, 160 and 162 of this Law shall be observed.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted;