Kyrgyzstan Prosecutor Cadre-Reserve Computer Testing flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Supremacy of the Constitution

Article 6 of the Constitution establishes that the Constitution has supreme legal force and direct effect throughout the territory of the Kyrgyz Republic; laws and other acts must not contradict it.

Presumption of innocence

Article 26 of the Constitution provides that a person is presumed innocent until proven guilty by a court verdict that has entered into legal force; irreducible doubt is interpreted in favor of the accused.

Prosecutor General appointment

Under Article 104 of the Constitution, the Prosecutor General is appointed by the President with the consent of the Jogorku Kenesh for a term of five years.

Prosecutor's Office independence

The Constitutional Law on the Prosecutor's Office establishes that prosecutors exercise their powers independently of state and municipal bodies and are subordinate only to the law and the Prosecutor General.

Prosecutorial protest

A prosecutorial protest is an act brought by a prosecutor against an illegal normative or individual legal act; it must be considered within the time limits established by law.

Prosecutorial representation

A representation is issued by a prosecutor to eliminate violations of the law; it is binding on the body or official to which it is addressed and must be executed within the established time limit.

Elements of a crime

The four elements of a crime are the object (protected social relations), the objective side (act, consequences, causal link), the subject (person), and the subjective side (intent or negligence).

Complicity in crime

Under Article 34 of the Criminal Code, complicity is the intentional joint participation of two or more persons in the commission of an intentional crime; participants include perpetrator, organizer, instigator, and accomplice.

Bribe-taking

Article 313 of the Criminal Code defines bribe-taking as the receipt by an official of money, securities, or other property benefits for actions (inaction) in favor of the bribe-giver using official position.

Abuse of official position

Article 304 of the Criminal Code defines abuse of official position as the use by an official of official powers contrary to the interests of service, committed for mercenary or other personal interest.

Detention time limit

Under Article 94 of the Criminal Procedure Code, detention without a court decision may not exceed 48 hours; further detention requires a court decision.

Pre-investigation check

Under Article 145 of the Criminal Procedure Code, a decision on a report of a crime must be made within 3 days, extendable to 10 days, and in exceptional cases to 30 days.

Indictment approval

After the preliminary investigation, the case is sent to the prosecutor, who approves the indictment or returns it for additional investigation, terminates the case, or reclassifies the charge.

Supervision of OSA

The prosecutor supervises operational-search activity to ensure compliance with the Constitution and the Law on Operational-Search Activity; illegal materials cannot be used as evidence.

Supervision in detention places

The prosecutor conducts inspections of pre-trial detention centers and colonies to verify the legality of detention, compliance with the regime, and respect for the rights of detainees.

Prosecutor's inspection grounds

A prosecutor's inspection of a detention place may be conducted on the basis of complaints from detainees, reports of violations, or scheduled inspections; the prosecutor may demand documents and interview detainees.

Prosecutor in civil proceedings

The prosecutor may bring a claim in court to protect the rights of citizens who cannot protect themselves or to protect state and public interests; the prosecutor gives an opinion and may appeal the decision.

Protection of state interests

The prosecutor brings claims for the recovery of state property, invalidation of transactions, and compensation for damage caused to the state, acting in the state interest.

Conflict of interest

A conflict of interest is a situation in which a public servant's personal interest affects or may affect the impartial performance of official duties; the servant must notify the supervisor and take measures to prevent it.

Gift prohibition

Public servants may not accept gifts, money, or other benefits in connection with the performance of official duties, except for gifts of symbolic value up to the limit established by law.

Income declaration

Public servants are obliged to submit annual declarations of income and property; failure to submit or submission of false information entails disciplinary or criminal liability.

Code of Ethics

The Code of Ethics for prosecutors requires observance of the law, impartiality, honesty, and independence; a prosecutor must not allow conduct that undermines the authority of the prosecutor's office.

Disciplinary liability of prosecutor

For violation of official duties, a prosecutor may be subject to disciplinary action, including reprimand, demotion, or dismissal, in accordance with the Constitutional Law on the Prosecutor's Office.

Recusal of prosecutor

A prosecutor must be recused from participating in a case if there is a conflict of interest or other circumstances that raise doubts about impartiality; the decision is made by the superior prosecutor.

Qualification of facts

Qualification of facts involves establishing the elements of a crime (object, objective side, subject, subjective side) and comparing them with the elements defined in the Criminal Code.

Lex specialis rule

If an act falls under several criminal law norms, the special norm (lex specialis) prevails over the general norm; this rule is applied in the qualification of offenses.

Procedural act drafting

A procedural act must contain the date, place, time, participants, the course and results of the action, and signatures; a resolution must contain the grounds, decision, and signature of the prosecutor.

Assessment of legality

Assessment of legality involves verifying compliance with the Constitution, laws, and procedural codes, the competence of the body, the procedure, and the rights of participants; illegal acts are protested or cancelled.

Constitutional rights restriction

Rights and freedoms may be restricted only by constitutional law and only to protect national security, public order, health, morals, or the rights of others, and the restriction must be proportionate.

Prosecutor's warning

A warning is issued by a prosecutor to an official or citizen about the inadmissibility of violations of the law; it is a preventive measure and does not replace other acts of prosecutorial response.

Preliminary investigation time limits

Preliminary investigation is conducted within 2 months, extendable by the head of the investigative body to 3 months, by the prosecutor to 12 months, and in exceptional cases by the Prosecutor General.

Prosecutor's participation in arbitration

The prosecutor may apply to an arbitration court to protect state and public interests; the application must meet the requirements of the procedural code and is considered in accordance with the rules of arbitration procedure.