DEPOSITION OF VICTIM / WITNESS TESTIMONY – A NEW INSTITUTION IN CRIMINAL PROCEDURE OF THE KYRGYZ REPUBLIC

Аннотация

The paper examines the issue of victim / witness testimony, an investigative procedure introduced in the Kyrgyz Republic Criminal Procedure Code in 2019. It can be argued that this institution enables the development of the adversarial principle and the principle of equality of parties in pre-trial proceedings. The author points out that for the Criminal Procedure code of some former Soviet states, this institution is new, though it was first reflected in English law of the 19th century. The author notes the debatable nature of re-examining a victim / witness when the merits of the case are considered. In this regard, improvement in Art. 208 of the existing Kyrgyz Republic Criminal Procedure Code is suggested. Additionally, the article examines the issue of what a deposition is – an investigative procedure or an institution. The author states that deposition of testimony is an investigative procedure.