The Code Of Criminal Procedure Of Turkmenistan

Original Language Title: Уголовно-процессуальный кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8332

W a c o n t u r k m e n t s I n a on approval and entry into force of the code of criminal procedure of Turkmenistan (statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 29), article 1. Approval of the code of criminal procedure of Turkmenistan.
 
Article 2. Enter in the code of criminal procedure of Turkmenistan from July 1, 2009 year.
 
Article 3. The code of criminal procedure of the Turkmen Soviet Socialist Republic, approved by the law of the Turkmen Soviet Socialist Republic from December 22, 1961 year "on approval of the code of criminal procedure of the Turkmen Soviet Socialist Republic", as well as all laws, which changes and additions to the code of criminal procedure of the Turkmen Soviet Socialist Republic during the period from December 22, 1961 year until July 1, 2009 year, considered void from July 1, 2009 year.
 
Article 4. Ministry of Adalat in up to one month to prepare proposals to amend the legislation of Turkmenistan additions and changes arising from the code of criminal procedure, and in accordance with the established procedure submit them to the Majlis of Turkmenistan.
After the entry into force of the code of criminal procedure of Turkmenistan the above laws and other normative legal acts to bring them in line with him acting in the part, which does not contradict this code.
 
            Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, no. 28 April 18, 2009-IV.
 
The code of criminal procedure of TURKMENISTAN SHARED PART of the first section of the main provisions of Chapter 1. Turkmenistan's legislation on criminal procedure Article 1. Legislation governing criminal proceedings 1. The procedure of criminal proceedings in the territory of Turkmenistan is determined by the code of criminal procedure of Turkmenistan, based on the Constitution of Turkmenistan. Separate laws governing criminal procedure, are to be included in this code.
2. procedure in criminal proceedings established by this code, is single and obligatory in all criminal cases and for all participants in the criminal process.
3. international treaties of Turkmenistan and general principles and norms of international law recognized Turkmenistan governing criminal proceedings, are an integral part of the law of criminal procedure.
 
Article 2. International agreements if the international agreement of Turkmenistan establishes provisions than envisaged in this code, the provisions of the international agreement.
 
Article 3. The criminal procedure law in time and space 1. Within the framework of criminal proceedings applies the criminal procedure law in force respectively during the initial inquiry, pre-trial investigation or trial.
2. The Criminal Procedure Act, repealing or limiting the rights of actors owned, limits their use of the additional terms shall not have retroactive effect.
3. Criminal proceedings in the territory of Turkmenistan, regardless of the place of Commission of the offence is carried out in accordance with this code.
4. Outside the territory of Turkmenistan of its criminal procedural law applies to maritime, river or air vessels, under the State flag of Turkmenistan or bearing his markings and assigned to the ports of Turkmenistan.
 
Article 4. Application on the territory of Turkmenistan of the criminal procedure law of the foreign State, the application in the territory of Turkmenistan of the criminal procedure law of the foreign State organs of investigation and Court of a foreign State or on behalf of a body in charge of the criminal case is allowed, if it is stipulated by an international treaty ratified by Turkmenistan.
 
Article 5. The application of the law of criminal procedure in respect of foreign nationals and stateless persons 1. Criminal proceedings against foreign nationals and stateless persons in accordance with the rules of the present code.
2. features of criminal proceedings undertaken against persons enjoying diplomatic privileges and immunity, as well as defined by chapter 50 of the present code.
 
Article 6. Explanation of some names and terms contained in the present Code contained in this code names and terms have the following meaning: 1) alibi-finding a suspect or accused in another place at the time the offence was committed;
2) interrogating officer appointed by bodies of inquiry;
3) inquiry procedure form of pre-trial investigative activities within the authority established by the present Code, to identify, establish and reinforce the totality of the circumstances of the case, and to bring perpetrators to criminal liability;
4) the applicant is a person who surrenders to court or prosecution authorities for criminal procedure (someone else's) actual or presumed rights;
5)-prosecution, the public prosecutor, the victim, civil claimant, their legal representatives and representatives;
6) defense-the defendant, his legal representative, lawyer, civil defendant and his representative;

7) lawyer-Attorney legal advice, involved in criminal cases, private entrepreneurs providing legal assistance to individuals and legal entities, and close relatives of the suspect, accused, defendant, has been convicted, acquitted, allowed to participate as an lawyer;
8) presiding judge, presiding in a criminal case;
9) the Court of first instance-court authorized to settle the case on the merits;
10) non-not installed or the installed non-involvement of a person to commit an offence;
11) Investigations Division Chief-chiefs investigative offices, divisions, departments, groups, prosecutors, internal affairs, national security and their deputies, acting within its competence;
12) investigative jurisdiction laid down in this code set of grounds on which the investigation of this crime falls under the authority of an organ of the preliminary investigation or inquiry;
13) preliminary investigation procedure form of pre-trial activities of authorized bodies within the authority established by the present Code, to identify, establish and reinforce the totality of the circumstances of the case and to bring the perpetrators to criminal liability;
14) public prosecutor-officer of the authority of the Prosecutor's Office that supports the prosecution on behalf of the State in court or refuses to support it;
15) night-time from twenty-two to six hours;
16) Court of supervisory instance-court hearing on oversight of the case on the complaints, views, opinions, protests at the verdicts, decisions and rulings which have entered into force;
17) protest protest supervisory person authorized by law to abolish or change the sentence, determine regulations entered into force, a piece on the complaint submitted by way of supervision or own initiative;
18) conclusion by way of supervision-conclusion, he President of the velaâtskogo Court of Justice or Court of the city of Mashhad with the verdict, Decree, which entered into legal force;
19 supervisory complaint)-an appeal from judgement, determination, resolution, entered into legal force;
20) presentation of oversight brought by the Prosecutor on sentence, the definition, regulation, which entered into legal force;
21) motion-please parties or the complainant, representing the leading criminal process;
22) verdict-decision of the Court of first instance on the question of the guilt or innocence of the accused and for the use or non-use of punishment to him;
23) interlocutory decision (ruling)-determination (decision), in which the court draws the attention of the State bodies, public associations and officials established in the case of violations of law, causes and conditions conducive to the perpetration of crimes and requiring the adoption of appropriate measures, as well as bravery in exposing and preventing crimes related to the execution of a citizen of his or her civic duty;
24) private complaint-complaint for decision or determination of the Court of first instance, not entered into legal force;
25) private view-view of the Prosecutor's decision or determination of the Court or a judge of first instance, not entered into legal force;
26) authorization-the Prosecutor's production and procurators who knowingly cause an appropriate investigative and other procedural actions as well as their adoption of procedural decisions;
27) Court of cassation instance court dealing with the case of cassation complaints and submissions on sentences and definitions and rulings of the Court of first instance judge, not entered into legal force;
28) proceedings-procedural actions and decisions undertaken by a particular criminal case during his initiation, trial preparation, trial and execution of judgement, decision or determination of the Court;
29) procedural decisions-decisions made by a judge, Court, Prosecutor, investigator and by the procedure established by the present code;
30) proceedings-actions in criminal proceedings in accordance with this code;
31) actors-bodies and persons involved in criminal proceedings and maintenance charges in a Court of law, as well as those protecting within the framework of criminal proceedings their or their rights and interests: body conducting an initial inquiry, the investigator, the investigator, the Chief of investigations, as well as within the scope of their powers, his Deputy, Prosecutor (public prosecutor) a suspect, accused person, defendant or their legal representatives, the lawyer, the civil defendant, his legal representative and the representative , victim, civil claimant, their legal representatives and representatives;
32) the materials of the case documents, objects and messages that are an integral part of the business or priobŝënnye thereto, as well as may be relevant to determining the circumstances of the case;
33) other persons participating in criminal proceedings-court clerk, translator, witness, expert, specialist, understood;

34) bodies and individuals, the leading criminal trial-court judge, as well as the criminal prosecution authorities and persons carrying out pre-trial criminal prosecution in a criminal case;
35) pre-trial criminal procedure-criminal proceedings since criminal proceedings before sending it to the Court for consideration on the merits (the initial inquiry and pre-trial investigation), as well as the preparation of the materials of the criminal case by the defence;
36) criminal case-separate production, ongoing criminal prosecution authority and the Court over one or more allegedly committed crimes;
37) in the khyakimliks of the Supervisory Commission to strengthen the monitoring of compliance with the law in the execution of criminal punishment, and authorities working with persons serving a sentence and been released from punishment consisting under the supervision (hereinafter Supervisory Commission for the execution of criminal penalties)-Commission leading the work on correction and rehabilitation of persons serving sentences and freed from punishment consisting under the supervision; their involvement in socially useful work, proper organization of their work and life;
38) criminal law, the Criminal Code of Turkmenistan;
39) the bodies and persons involved in criminal proceedings, criminal inquiry, investigation, investigator, an investigator and a Prosecutor;
40) prosecution procedure activities undertaken by the criminal prosecution authorities in order to gather evidence, the presence or absence of signs of illegal criminal law acts actually committed actions, if any, the guilt or innocence of a person suspected of committing these acts;
41) legal representatives-parents, adoptive parents, tutors and guardians accused, defendant or the victim, as well as representatives of agencies and organizations in charge of which the accused is present, the defendant or the victim;
42) decision-decision adopted by the plenum of the Supreme Court of Turkmenistan, the Bureau, the Bureau of the Court and the Court of velaâtskogo the city with Mashhad, judge; the decision by the investigator, the Procurator, the decision in the course of an initial inquiry and pre-trial investigation;
43) judge-President of the Court, the Vice-President of the Court, judge, assessor of the Court exercising judicial power in accordance with the procedure established by law;
44) the Court of the judiciary body, part of the judicial system of Turkmenistan and carrying out justice. It includes the Supreme Court of Turkmenistan, regional courts and the Court of the city with Mashhad, district courts and courts of cities and towns with etrap rights;
45) trial-trial courts of first, cassation and supervisory bodies;
46) proceedings-pre-trial and trial proceedings in criminal matters;
47) definition-any decision rendered by the Court of first instance, in addition to a sentence in a criminal case; any judgement given by a Court of Cassation; the decision taken by the judicial panel of criminal cases of the Supreme Court of Turkmenistan in the revision of judicial sentences, definitions and regulations have come into force of res judicata; any decision taken by the Court in execution of the sentence;
48) representation-representation of Cassation Prosecutor repealing or changing the sentence, not entered into force;
49)-appeal in cassation appeal to judgment, not an executory;
50) searches-investigative actions conducted in the manner prescribed by this code, in order to find and removal of articles containing traces of the crime, commit an offence, things and values, obtained illegally, other things that may be of significant probative value to the criminal case, finding and seizing documents, apprehending fugitives from prosecution;
51) Attorney-General Prosecutor of Turkmenistan and his prosecutors and their deputies, senior assistants and helpers with the relevant authority, heads of major departments and offices, heads of major divisions and departments, their deputies, senior prosecutors and prosecutors, prosecutors-criminalists;
52) Prosecutor's conclusion-the decision to resume the proceedings on new circumstances;
53) the opinion of the Prosecutor, the views of the Prosecutor in court in cases provided for by law;
54) investigator-official prosecutors, internal affairs and national security to collect evidence to support or refute the presence or absence of evidence of a crime in fact occurred on the event and the guilt of the suspect in such acts;
55) hand-bodies and persons involved in the proceedings on the basis of contestation and equality between the prosecution and the defence;
56) representation complaint documents filed in accordance with this code, actors to draw attention to the actions of organs of initial inquiry or pre-trial investigation, the Procurator, the judge or court;
57) protocol is a document drawn up in accordance with the procedure established by this code, which certifies the fact of production, content and results of investigative and judicial actions;
58) representative-a person entitled to represent the legitimate interests of the victim, civil plaintiff, civil respondent in criminal proceedings;

59) close relatives-parents, children, adopted children, adoptive parents, brothers and sisters, grandfather, grandmother, grandsons and spouses;
60) the dwelling unit or structure for temporary or permanent residence of one or more persons, including: public housing, Office accommodation, hostels or rented their own apartment, House, Garden House, directly adjoining veranda, kitchen, cellar, loft-dwelling (except apartment building), a hotel room, Office and living room a sea or river vessel, train.
(In the redaction of Laws of Turkmenistan dated July 1, 2010, December 22, 2012 and March 26, 2016-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, p. 42; 2012 g., no. 4, p. 110;, no. 2016 _ calendar _) Chapter 2. Objectives and principles of the Criminal Procedure Article 7. Tasks in criminal proceedings 1. Objectives of the criminal justice process is prompt and full disclosure of crimes, identify the culprits and ensure correct application of the criminal law, so that every offender was justly punished and no innocent person is brought to justice and convicted.
2. the present Code procedure in criminal matters should protect individuals from unwarranted accusation, conviction and restriction of rights and freedoms, as well as to contribute to the strengthening of law and order, the prevention and elimination of crime, educating people in the spirit of respect for the law.
 
Article 8. Principles of criminal process and their significance 1. Principles of criminal process are given in this chapter of the code provisions having the fundamental nature and determine the correctness and validity of production in each case.
2. The importance of the principles of criminal proceedings lies in the fact that their violation, depending on its nature and materiality, implies recognition held proceedings null and void, repeal made during such production decisions or recognition of collected material void of evidence.
 
Article 9. Legality of 1. Body conducting an initial inquiry, the investigator, the investigator, procurator and court proceedings in criminal cases are under an obligation scrupulously to observe the requirements of this code.
2. Violation of law, prosecution, court proceedings in criminal cases is inadmissible and entail liability established by law, the recognition of the illegal acts null and void and their cancellation.
 
Article 10. Administration of justice by the courts alone 1. Justice in criminal cases is administered solely by the courts in Turkmenistan. The misappropriation of the powers of the Court by anyone implies responsibility stipulated by the law.
2. No one may be found guilty of committing a crime or given a criminal sentence except by sentence of a court and in accordance with the law.
3. the competence of the Court, the limits of its jurisdiction, the order fulfilment of criminal proceedings shall be determined by law and may not be arbitrarily changed. The establishment of extraordinary courts and other structures, endowed with the authority of the Court, under whatever title for criminal cases is not allowed.
4. a sentence or other decision of a court exercising criminal proceedings on nepodsudnomu he acted beyond his powers in case or otherwise in breach of the principles of criminal procedure, referred to in this code, are illegal and must be rescinded.
5. the sentence and other decisions of the Court in a criminal case can be tested and reviewed by the competent courts only in the manner prescribed by this code.
 
Article 11. Judicial protection of rights and freedoms 1. Everyone has the right to judicial protection of his rights and freedoms.
2. The State guarantees the victim access to justice and redress for the damage caused in cases and by the procedure established by law.
 
Article 12. Respect for the honour and dignity of the person 1. The criminal case decisions and actions are prohibited, humiliate or disparaging a person involved in criminal proceedings are not permitted collection, use and dissemination of information about private life, as well as personal information that the person believes it is necessary to keep secret for purposes not provided for in this code.
2. Harm caused to a person as a result of illegal actions of authorities involved in criminal proceedings shall be compensated in accordance with the procedure established by law.
 
Article 13. Integrity of the person 1. Everyone has the right to freedom and personal inviolability. No one may be detained on suspicion of committing a crime, signed into custody or otherwise deprived of liberty except on grounds and in accordance with the procedure laid down in this code.
2. Each detainee is immediately reported to the grounds for his detention, as well as the characterization of the offence of which he is suspected or accused.
3. the Court, procurator must immediately release the illegally detained person or prisoner in custody or unlawfully placed in a medical institution or held in custody for a period exceeding that provided by law or a sentence.
4. no person participating in criminal proceedings may be subjected to violence or cruel or degrading treatment.

5. No one may be brought forcibly to participate in proceedings, endangering the life or health of the person. Procedural acts infringing the inviolability of the person, can be made against the will of a person or his legal representative only in cases and in the manner stipulated by this code.
6. A person who has been in custody as a preventive measure applied detention and persons detained on suspicion of committing a crime must be carried out under conditions which exclude risks to life and health.
7. The harm caused to a person as a result of unlawful deprivation of liberty, detention conditions, dangerous to life and health, of ill-treatment shall be compensated in accordance with the procedure stipulated by this code.
 
Article 14. Protection of human rights and freedoms in criminal matters 1. The body directing criminal proceedings shall be obliged to protect the rights and freedoms of citizens participating in the criminal process, create the conditions for their implementation, immediately take appropriate measures to respond to the legitimate demands of the participants.
2. Harm caused to a person as a result of the violation of his rights and freedoms within the framework of criminal proceedings, is refundable on the grounds and in the manner prescribed by this code.
3. If there are sufficient grounds to ensure that the victim, a witness or other persons participating in criminal proceedings, as well as their family members or other close relatives received death threats, violence, destruction of or damage to property or other dangerous illegal acts, the body directing criminal proceedings shall be obliged, within the limits of their competence to take all measures prescribed by law for the protection of life, health, honour, dignity and property of such persons.
 
Article 15. Privacy. The confidentiality of correspondence, telephone conversations, postal, Telegraph and other messages sent through the Internet, Private lives, personal and family confidentiality are protected by law. Everyone has the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, Telegraph and other messages sent through Internet e-mail and other messages. Restrictions on these rights in criminal proceedings shall be permitted only in the cases and in the manner expressly permitted by law.
 
Article 16. Inviolability of domicile 1. The home shall be inviolable. Within the framework of criminal proceedings no one has the right to violate the provisions concerning the inviolability of the home. No one may be deprived of housing other than on grounds specifically provided by law. In the case of damage to housing, through criminal acts a person has the right to protect it.
2. Procedural steps related to entering the premises, may be carried out only on the grounds and in the manner prescribed by this code.
 
Article 17. The inviolability of property 1. The inviolability of property shall be guaranteed by law. No one may be deprived of his property except by a court decision.
2. Seizure of deposits in banks and other property, as well as their seizure in proceedings may be carried out only in cases and in the manner prescribed by this code.
 
Article 18. The presumption of innocence 1. Everyone is presumed innocent until his guilt is proved in accordance with the procedure stipulated by this code and the sentence of a court, which entered into legal force.
2. Fatal doubt of the guilt of the accused shall be interpreted in its favour. In favour of the accused also must resolve doubts arising from the application of the criminal and criminal procedure laws.
3. No one shall be obliged to prove his innocence. In the absence of other evidence obtained confessions alone could not constitute proof of guilt guilt.
4. A conviction may not be based on assumptions, it should be confirmed by a sufficient combination of reliable evidence.
5. In the administration of Justice shall not be subject to investigation and the use of evidence gathered illegally, of unknown origin.
 
Article 19. Inadmissibility of repeated conviction for criminal prosecution and no one can be prosecuted and convicted of the same offence except on grounds specifically laid down in this code.
 
Article 20. Administration of Justice on the basis of the equality of citizens before the law and the courts 1. Justice shall be administered on the basis of the equality of all before the law and the courts. Conditions of criminal proceedings against persons having immunity from criminal prosecution, are determined by the Constitution of Turkmenistan, this code, laws and international treaties to which Turkmenistan is a party.
2. In criminal proceedings, no one may be subjected to any discrimination for reasons of origin, social, material and official status, nationality, race, sex, education, language, attitude to religion, political beliefs, place of residence or any other circumstances.
 
Article 21. The independence of the judiciary and the subordination of their only law
 

In the administration of Justice in criminal cases, judges and assessors of the Court are independent, they are subject only to the law, and are guided by their inner conviction. Interference in the work of judges from any quarter is prohibited and entails liability under the law.
 
Article 22. Administration of Justice on the basis of contestation and equality of the parties 1. Criminal procedure shall be carried out on the basis of the principle of adversarial proceedings and equality of the parties.
2. criminal prosecution, protection and disposition by the Court separated, they are carried out by various bodies and officials.
3. The obligation to prove the charge against the defendant, is vested in the public prosecutor's Office.
4. The lawyer is obliged to use all means and ways to protect the defendant as provided by law.
5. the Court is not an organ of the prosecution, it is not on the side of the prosecution or the defence and have not expressed any interests, in addition to the interests of the law.
6. the Court, maintaining objectivity and impartiality, creates the necessary conditions for the implementation by the parties of their responsibilities and their enjoyment of their rights.
7. The parties to criminal proceedings are equal. The Constitution of Turkmenistan and the present code for them to have equal opportunities to defend its position. The Court establishes procedural decision only on evidence, the study of which was provided to each of the parties on an equal footing.
8. the Parties shall elect in criminal proceedings regardless of the Court and other bodies and persons of its position, ways and means of defending it. The Court on request of the parties, assist in obtaining the necessary materials in the order stipulated by the present code.
 
Article 23. Comprehensive, complete and objective investigation of the circumstances of the case 1. The interrogator, investigator, procurator and Court are obliged to take all measures prescribed by law for comprehensive, complete and objective investigation of the circumstances of the case, to identify the circumstances as incriminating and exculpating the suspect, accused or defendant, as well as mitigating and aggravating liability.
2. To conduct an inquiry, an investigator and a prosecutor may not perelagat′ the burden of proof on the accused.
3. it is prohibited to receive the testimony of a suspect, accused or defendant and other participants in the proceedings by violence, threats or other unlawful measures.
 
Article 24. The right to protection 1. The suspect, accused, defendant, convicted and acquitted are ensured the right to a defence. They may exercise this right either personally or by counsel, the legal representative, in accordance with this code.
2. To conduct an inquiry, an investigator, Prosecutor and the Court must establish the suspect, accused, defendant, osuždënnomu and justified the opportunity to defend themselves by legal means and ways of charges against him, and to protect the personal and property rights.
 
Article 25. Exemption from the duty to testify 1. No one shall be compelled to testify against oneself and close relatives. Evidence obtained as a result of mental or physical effects, as well as other illegal methods are recognized as null and void.
2. In the cases referred to in paragraph 1 of this article, these persons have the right to refuse to testify, and may not be subject to any liability whatsoever.
 
Article 26. Legal aid in criminal proceedings everyone has the right to receive legal assistance in accordance with the provisions of this code.
 
Article 27. The openness of the proceedings 1. Proceedings in all courts is open, except in cases where this runs counter to the interests of protecting State secrets.
2. in order to prevent the disclosure of information about intimate aspects of the lives of actors in a closed trial is permitted, respectively, on a reasoned determination or order of a court or judge in cases involving juvenile offences, sexual offences, as well as in other cases. Hearing in closed session of the Court shall be subject to all the rules of the trial.
3. the sentence and all court decisions taken in a case announced publicly in all cases.
 
Article 28. The language in which the trial is 1. Proceedings in Turkmenistan is conducted in the State language.
2. The participants in the proceedings who do not know the language in which the proceedings are conducted, shall have the right to make statements, give explanations and evidence, submit petitions, to bring complaints, get acquainted with all the evidence in the case, address the Court in their native language or another language in which they are proficient, and use the services of an interpreter in accordance with this code.
3. Investigative and judicial documents in accordance with the procedure established by this code, shall be awarded to the defendant, the defendant is translated into their native language or another language in which they are proficient.
 
Article 29. Freedom to appeal procedural actions and decisions, sacrificing motions 1. The actions and decisions of the Court and prosecution authority may be appealed in the manner prescribed by this code.
2. it is not allowed to appeal complaints detriment to the complainant or to the detriment of the person for whom it was filed.

3. Every convicted person is entitled to a revision of the sentence of a court in accordance with this code, as well as to seek pardon or commutation of sentence.
 
Chapter 3. Prosecution, conviction and acquittal of Article 30. General conditions for prosecution 1. In order to attain the objectives of criminal procedure criminal prosecution authority is obliged, within the limits of its competence, in each case, the indicia of a crime to take all measures prescribed by law to establish the circumstances of the crime against persons guilty of committing a crime, their punishment as well as to take measures to rehabilitate the innocent.
2. The criminal prosecution agency is obliged to provide access to justice to the victim and to take measures to compensate for the harm caused.
3. Its powers in criminal proceedings, the criminal prosecution agency carries out independently of any bodies and officials, in accordance with the requirements of this code. Interference in its activities entail liability in accordance with the law.
4. the requirements of prosecution authority made in accordance with the law, binding on all State bodies, enterprises, organizations, institutions, regardless of their form of ownership, officials and citizens. Failure to comply with the above requirements entail liability established by law.
 
Article 31. Circumstances precluding criminal proceedings 1. In these cases, criminal proceedings may not be instituted, and animated the case is to be dismissed: 1) in the absence of events;
2) for lack of corpus delicti in the Act;
3) per prescription;
4) as a result of the Amnesty Act, if it eliminates the use of punishment for the committed offence;
5) in respect of a person who has not attained at the time of the Commission of a socially dangerous act the age at which, under the law, criminal responsibility;
6) for reconciliation between the victim and the accused in cases brought as a complaint by the victim, except parts of the second, third and fourth article 213 of this code;
7) in the absence of a complaint, if the case can be instituted as his complaint, except for part of the fourth article 213 of this code, when the Prosecutor is granted the right to initiate proceedings and, in the absence of a complaint by the victim;
8) in respect of the deceased, except where the proceedings necessary for the rehabilitation of the deceased or the resumption of cases against others on newly discovered circumstances;
9) in respect of a person about whom there is an executory sentence on the same charge or determination or decision of the Court to dismiss the case on the same grounds;
10) against a person who has neotmenënnoe decision the Prosecutor, investigator or body of inquiry to discontinue the proceedings on the same charge, except when the need for initiation of proceedings by a court handling the criminal case.
2. If the circumstances referred to in paragraph 1-3 and 4 of the first paragraph of this article are in the stage of the proceedings, the Court shall bring proceedings before the end and makes a judgement of acquittal-in cases stipulated in points 1 and 2, or the conviction with the release of the convicted person from punishment in cases stipulated in points 3 and 4.
3. If, before the entry into force of a conviction referred to him as a criminal offence and punishment abolished in the new law, criminal proceedings must be terminated in accordance with paragraph 2 of this article.
 4. termination of proceedings on the grounds specified in paragraphs 3 and 4 of the first paragraph of this article shall not be permitted if the accused objected. In this case, the case proceeds in the usual manner.
 
Article 32. Reason prosecution and conviction of the Court of first instance as a result of the trial convicting if the defendant is mentally sane and guilty of committing a crime with statistics established based on the totality of the evidence examined in the inquiry stage, the investigation and in court.
 
Article 33. Termination of criminal proceedings 1. The Court, a judge, the Prosecutor, as well as to conduct an inquiry, an investigator with the permission of the Prosecutor will make an appropriate determination or decision to halt proceedings after discovering during the preliminary investigation and the trial the following circumstances that further prosecutions impossible: 1) if the public prosecutor refuses the charges against a defendant for crimes of minor and moderate on grounds specified in the first and second paragraph of article 31 of the present code If the defendant is not involved in the Commission of an act which he is charged, as well as if a victim refuses; in accordance with paragraph sixth part one article 31 of the present code for reconciliation between the victim and the accused;
2) in case of occurrence of circumstances precluding criminal prosecution, as provided in paragraphs 3-10 of the first paragraph of article 31 of the present code.

2. the Court, a judge, the Prosecutor, as well as to conduct an inquiry, an investigator, with the permission of the public prosecutor has the right to make a determination or ruling on termination of criminal proceedings on the grounds specified in articles 71-73 of the Criminal Code of Turkmenistan.
3. Termination of the criminal case on other types of crimes is possible only if it is expressly provided for in the special part of the Penal Code, Article 34. Grounds for justification 1. The Court of first instance makes a trial acquittal. The acquittal the Court recognizes defendant innocent of committing alleged crimes.
2. A judgement of acquittal shall be made: 1) in the absence of events;
2) in the absence of the defendant in the act constituting the offence;
3) for innocence of the defendant to commit the alleged acts.
 
Chapter 4. Rehabilitation. Compensation for damage caused by unlawful actions of the body in charge of the criminal proceedings Article 35. Rehabilitation through recognition of the innocence of a suspect, accused person or defendant 1. The defendant, whose guilt has not been proven during the trial, should be in the same trial openly and promptly proclaimed innocent.
2. Acquitted the defendant, as well as the suspect and the accused in respect of whom, pursuant to paragraphs 1 and 2 of the first paragraph of article 31 of the present code for innocence to the criminal act or lack of participation in committing a crime ordered by a judge or court or prosecution authority ruling on termination of criminal prosecution, are presumed innocent and may not be placed under any constraints in housing , property, labour and other rights.
3. Disputes concerning the restoration of the violated rights of a person who is found not guilty, are resolved in civil proceedings.
 
Article 36. Persons entitled to compensation for damage caused by illegal actions of the body in charge of criminal proceedings 1. Upon termination of criminal proceedings in the absence of crime in the Act, the absence of corpus delicti, innocence of a person to commit a crime body conducting an initial inquiry, the investigator, the Prosecutor, as well as when making an acquittal is a judge or court must explain the procedure for restoration of rights of the person against whom they are infringed, compensation for damage, caused as a result of unlawful criminal prosecution, unlawful remand in custody as a preventive measure and shall take all measures prescribed by law in part of the reparation.
2. a person at the expense of the State should be reversed by the harm caused by his illegal arrest, detention, placement in a specialized medical institution, conviction and imposition of coercive measures of a medical nature, based on the definition of judgement. Any person on the basis of the authority of prosecution or determination of the Court shall be entitled to demand compensation for damage, caused as a result of the above illegal actions criminal prosecution authority.
3. the right to compensation for damage caused by illegal actions of the body in charge of the criminal process are: 1) the persons referred to in the second part of article 35 of this code;
2) persons against whom criminal proceedings should not be instituted, proceedings-must be terminated;
3) persons, criminal proceedings are to be eliminated on the grounds referred to in paragraph 3 of article 31 of the present Code, but not been discontinued since identifying the circumstances precluding criminal prosecution, and, despite the harmonization on termination of the criminal case, a criminal case was illegally continue;
4) detainees more appropriate term on illegal grounds, as well as illegally subjected to other coercive measures during criminal proceedings.
4. In case of death of a person caused by the injury in respect of which is subject to compensation, the right to compensation in accordance with the established procedure passes to his heirs, and that part of the pension and welfare benefits, the payment of which is suspended, goes to family members who are entitled to State benefits and survivors ' benefits.
5. Non-refundable harm a person if it is proved that during the initial inquiry, pre-trial investigation and the trial, he by self-incrimination truth hindered and contributed to obtaining the results referred to in paragraph 3 of this article.
 
Article 37. Recoverable damage 1. On grounds specified in the first and third parts of article 36 of the present Code, the body directing criminal proceedings in the case of recognition of his illegal actions and decisions must take action to recover the person caused physical, moral or material harm and to restore violated labour, pension, housing and other rights.
2. In the case of recognition of the innocence of the persons deprived based on the verdict of the Court of State Awards, military, special and other titles, class ranking, diplomatic rank, restored the title, rank, diplomatic rank, shall be returned to the State Awards.
 
Article 38. Recognition of the right to reparation
 

When deciding about full or partial rehabilitation of persons the body directing criminal proceedings must admit him right to reparation. A copy of the acquittal or ruling ruling on termination of the criminal case, repealing or modifying other illegal decisions shall be served or sent by mail to the applicant concerned. At the same time he is sent a notice explaining the order of reparation.
 
Article 39. Reimbursement of damage to property 1. Property damage recoverable persons recognized as innocent, includes: 1) wages, pensions, benefits, and other means of income, which they lost;
2) property confiscated illegally or addressed to the State on the basis of a sentence or a decision of the Court;
3) amounts paid to persons recognized as innocent, for the provision of legal assistance;
4) fines levied pursuant to an unlawful court verdict, the procedural fees and other amounts paid by individuals in connection with the unlawful actions of the criminal prosecution body.
2. a copy of the ruling or order certified by the stamp seal is awarded to a person or to bring in bodies that are required to pay. Procedure for payment shall be determined by the legislation of Turkmenistan.
 
Article 40. Eliminating the consequences unreasonably and unlawfully caused moral harm 1. Regardless of how the body in charge of the criminal case, decided on the rehabilitation of persons obliged to bring him a formal apology for the harm caused to the body that caused the harm.
2. claims for compensation for wrongly and illegally caused moral damage in monetary terms are civil proceedings.
3. If a person has been subjected to unlawful criminal prosecutions and criminal proceedings, arrest, detention, suspension from Office, forced placement in a medical institution, the condemnation and the other taken actions against him, subsequently recognized illegal, were published in the press, on radio, television or other media, on demand of the person, in the event of his death, his relatives, the authority on demand who conducted the proceedings illegal, must make within one month of the required communication through appropriate media.
4. at the request of the person recognized innocent, the body directing criminal proceedings shall within 15 days to inform in writing the cancellation of his illegal decision on the place of his work, study and live.
 
Article 41. Timing the timing of claims claims shall be determined in accordance with the legislation of Turkmenistan.
 
Article 42. Reparation of harm caused by legal entities legal entities as a result of the unlawful actions of the body in charge of the criminal proceedings shall be compensated by the State in full.
 
Article 43. Restoration of the order if the request for rehabilitation or compensation not satisfied with anyone who disagrees with the decision, he may apply to the Court in civil proceedings.
 
Chapter 5. Criminal proceedings Article 44. Join criminal proceedings 1. In one proceeding can be connected to cases involving more than one person committing one or more offences of complicity or one person who committed several crimes, as well as charges in advance without promised harboring these same crimes or failure to report about them.
2. Must not be connected to a single production: 1) if the acts of the accused are not linked;
2) If a joint investigation and consideration could hinder the ascertaining of the facts of the case.
3. Connection of cases is carried out on the basis of the decision of the prosecution authority or court. A copy of the ruling handed down by the criminal prosecution body, within one day is sent to the Prosecutor.
 
Article 45. Allocation of criminal proceedings 1. The Court, the criminal prosecution agency may allocate from the criminal case in a separate production of another criminal case in respect of the following persons: 1) the individual defendants, when criminal proceedings shall be suspended on the grounds provided for in article 46 of this code;
2) individual defendants when the reasons for closed court proceedings related to the protection of State secrets refer to them, but do not apply to the rest of the accused;
3) when an accused minor, attracted to criminal liability together with adults;
4) individual unidentified persons to be prosecuted.
2. In the event of an investigation of criminal case mnogoèpizodnogo, which expire investigation or detention investigator, acknowledging that part of the prosecution's investigation fully, fully entitled to allocate part of the case in a separate production to direct her to the Court, if it will not hinder the investigation and consideration of the case in the rest of the.
3. If the received information about the actions that contain signs of crimes not related to the criminal case, to address the issue of instituting a new criminal case in the order stipulated by the present Code, allowed the selection of collected documents in separate proceedings.

4. allocation of criminal cases is permitted if it does not affect the comprehensiveness, completeness, objectivity of the study and determination of the case.
5. allocation of cases is done on the basis of the decision of the criminal prosecution body or the Court. A copy of the ruling handed down by the criminal prosecution body, within one day is sent to the Prosecutor. The ruling shall be accompanied by a list of materials identified in the originals or copies.
6. term production on selected case is calculated from the date of issuance of the order, or to determine the allocation of cases to the new offense or for a new face.
 
Article 46. Suspension of criminal proceedings 1. Criminal proceedings may be suspended by the Decree of the initial inquiry, the investigator, the Procurator, the judge or the decision of the Court in cases stipulated by part one of article 308 of this code.
2. Criminal proceedings shall be suspended until the circumstances that gave rise to its suspension. Their distancing the case resumes Ordinance investigator, the investigator, the Procurator, the judge or the decision of the Court.
3. Suspension or resumption of proceedings shall be communicated to the process. A copy of the order to suspend criminal proceedings, criminal prosecution authority handed down within 24 hours shall be sent to the Prosecutor.
 
Article 47. Termination of criminal proceedings 1. Criminal proceedings on the grounds provided for by part one of article 31 and article 33 of the present Code, respectively, leading authorities to cease the pre-trial proceedings in the criminal case.
2. In case of cancellation of the ruling on termination of the criminal case proceedings shall be resumed within the time-limit for criminal responsibility.
3. On termination of the criminal case and for the reopening of the proceedings shall be notified in writing of the suspect, accused, counsel, victim and his/her representative, the civil plaintiff, the civil defendant or their representatives, a natural or legal person. A copy of the order on termination of criminal proceedings and for the reopening of proceedings rendered prosecution authority within 24 hours shall be sent to the Prosecutor.
 
Article 48. Completion of criminal proceedings criminal proceedings is terminated: 1) upon the entry into force of the Ordinance on the full termination of criminal proceedings;
2) upon the entry into force of the sentence or other final decision in the case-if it does not require the adoption of special measures for its implementation;
3) upon receipt of the confirmation of the execution of the sentence or other final decision in the case-if it requires special measures for its implementation.
 
Article 49. Confidentiality 1. In the course of criminal proceedings are taken under this code and other laws of measures for the protection of received information constituting State secrets (State, military and secret service secret inquest and preliminary investigation) and other secrets (trade secrets, medical, privacy and any other types of secrets).
2. The persons to whom the body directing criminal proceedings offers to inform or give information constituting State or other secrets may not refuse to comply with the specified requirements with reference to the need to preserve their respective secrets, but has the right to obtain clarification from him, confirming the need for obtaining specified information for a criminal case, which is subject to the corresponding procedural act in the Protocol.
3. The procedure for admission to the actors comprising State secrets shall be determined by the legislation of Turkmenistan.
4. evidence containing information constituting State secrets, are investigated in a closed court session.
5. evidence containing information constituting other secrets, as well as revealing the intimate private life can be explored in a closed court session.
6. Harm caused to a person as a result of a breach of privacy, disclosure of personal or family secrets, is subject to compensation in the manner prescribed by the legislation of Turkmenistan.
7. inquiry and preliminary investigation Data not subject to disclosure. They may be disclosed only with the permission of the prosecution authority in the scope in which they will be recognized possible, if this is not contrary to the interests of the investigation and is not connected with violation of rights and lawful interests of other persons.
8. The criminal prosecution agency may prevent counsel, witnesses, victim, civil plaintiff, civil respondent or their representatives, expert, specialist, interpreter, witnesses and other persons present at the inquiry and investigation on the inadmissibility of divulging information without his permission, available in the. From those persons shown in the subscription with a warning about responsibility.
 
Chapter 6. Procedural time limits Article 50. Calculation of procedural time limits 1. Deadlines established by the present Code shall be calculated for hours, days, months and years.
2. In calculating the dates are not accepted in the calculation of the hour, and those 24 hours, which begins during the period. This rule does not apply to the calculation of time limits at the time of their arrest.

3. In calculating the duration of arrest expires in twenty-four hours of the last day of the term.
4. In calculating the duration of months expires in the corresponding number last month, and if the month does not have a corresponding number, term ends at the last day of the month.
5. If the deadline falls on a non-business day, the last day of the period is considered to be the first next working day thereafter, except in the case of computing time limits during the arrest, detention and the application of coercive measures of a medical nature.
6. During the detention of a person on suspicion of committing a crime period shall run from the date of actual implementation of this measure.
7. the term is not considered to be missed, if the complaint or other document put before the expiration of the time for mail and for detainees-the complaint or other document handed over the administration of the place of detention until the expiration of the term for persons subjected to coercive measures of a medical nature-if the complaint or other document put before the expiry of the period of administration the appropriate medical institution.
 
Article 51. Effects of lapse and recovery 1. Procedural acts performed after the expiry of the term shall be deemed null and void.
2. at the request of the person concerned is appropriate period missed for a good reason, should be restored by decree by the investigator, the Procurator or the decision of the Court. When this term is restored to his drop, but not to others, unless the relevant decree of the criminal prosecution body or the decision of the Court.
3. at the request of the person concerned appropriate decision appealed over the deadline may be suspended until a solution to the question of renewal of a missed period.
4. Denial of restoration period can be brought to the complaint or submission in the manner prescribed by this code.
 
Second section. Bodies and persons involved in criminal proceedings Chapter 7. The Court and the jurisdiction of Article 52. Court 1. The Court, as a judicial body, shall administer justice in criminal matters.
2. any criminal proceedings may be considered legitimate, independent, competent and impartial court in accordance with the rules of the present code.
3. Criminal Justice in Turkmenistan is exercised by the Supreme Court of Turkmenistan, velaâtskimi courts, courts of the cities of Mashhad, ètrapskimi and towns with etrap rights.
 
Article 53. The composition of the Court 1. Criminal cases in all courts are tried by judges appointed in accordance with the law, and the jury courts elected or appointed in the appropriate order.
2. Criminal cases small and medium gravity (except for crimes committed by minors) in district and city courts of first instance is carried out individually by the judge, and the other consisting of a judge and two jurors of the Court.
3. When administering justice, judges of the Court shall enjoy equal rights with a judge. Court assessors, based on the principles of collegiality, in addressing all issues raised in the court hearing in criminal proceedings and sentencing, shall enjoy equal rights with presiding over it.
4. Criminal cases in cassation, supervisory and revising judicial decisions on new circumstances is exercised by a court consisting of not less than three judges.
5. consideration of criminal cases by the plenum of the Supreme Court of Turkmenistan is carried out not less than two-thirds of its membership.
 
Article 54. The immutability of the composition of the Court 1. Each case must be considered in the same judges. If any of the judges is unable to continue to participate in the meeting, he is replaced by another judge and trial should be started first, except as provided for in article 55 of this code.
2. In the case of the retirement of the presiding judge of the court hearing shall be adjourned.
 
Article 55. Alternate juror of the Court 1. In a criminal case, a trial which requires a long period of time, determined by the Court at the hearing may be caused by an alternate juror. An alternate juror was present in the courtroom with the commencement of the trial of this case and in the case of retirement of Councillors from the Court replaces him.
2. If alternate juror, leaving in place, does not require the resumption of those judicial actions that were carried out without his involvement, the hearing continues after reading the text of the Protocol of the court hearing on such activities.
 
Article 56. Powers of court 1. Powers of the Court as a carrier of the judiciary shall be determined by law.
2. the Court alone shall have the authority to: 1) admit a person guilty of an offence and to appoint him;
2) recognize the person not guilty and acquit in respect of it;
3) apply to face coercive measures of a medical nature or forced re-education measures;
4) reverse or amend the decision.

3. If in the case identified the causes and conditions that facilitated the perpetration of a crime, a violation of the rights and freedoms of citizens, as well as other violations of the law committed during the initial inquiry, pre-trial investigation, or in the case of the lower court, the Court shall issue an interlocutory decision. A private court draws the attention of the relevant organizations, officials or persons performing managerial functions on the circumstances and facts of violations of the law, requiring the adoption of appropriate measures. If the detected offences punishable according to the law, administrative responsibility, the Court concurrently with the judgment in a criminal case is entitled to in accordance with the legislation of Turkmenistan, impose an administrative penalty or to put the question before the relevant authorities to impose such penalties on the guilty of those offences an individual or legal entity, except for persons in respect of whom the case sentence.
4. The Court may order a private definition and in other cases if necessary, recognizes and also impose an administrative penalty in cases stipulated by this code.
 
Article 57. Judge 1. The judge, within its competence, considers the case, alone or together with the jurors, the Court carries out administrative actions to prepare the trial or enforcement of his sentence or other decisions and is in the authority of the Court.
2. The judge hearing the case in the composition of the bench, enjoyed equal rights with the presiding and other judges in all matters arising in connection with the case.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 58. The presiding judge in the case 1. In a criminal case in the composition of the Board the Chairman shall preside over the Court, the President of the Court or one of the judges who authorized it in the manner prescribed by law. The judge hearing the case, together with the two judges of the Court shall be deemed by the presiding officer. The judge hearing the case alone is considered by the presiding officer.
2. The presiding officer shall direct the course of the meeting of the Court, shall take all measures to ensure fair consideration of the criminal case and compliance with other requirements of this code.
3. orders of the presiding judge at the trial are mandatory for all participants in the proceedings and other persons present in the courtroom.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 59. Clerk of the Court 1. The clerk conducts the judicial and regulatory protocol meetings and is responsible for an exact match of all the Protocol records what happens during the trial.
2. The Clerk of the Court shall be subject to the withdrawal on the grounds and in the manner set forth in article 103 of this code. However, previous participation in this case as the Secretary cannot serve as a basis to withdraw.
3. In the case of disqualification of a Secretary of judicial session the court listens to his explanations and opinions of other participants in the process, after which the question of disqualification shall be resolved by a court in the retiring room. In responding to the alleged diversion of the clerk of the court session must be started again.
 
Article 60. Ètrapskomu jurisdiction of cases to the Court, the Court of the city of etrap rights 1. Ètrapskij Court, city of etrap rights acts as the Court of first instance.
2. In addition to the jurisdiction of the Supreme Court of Turkmenistan, velaâtskim courts, courts of the cities of Mashhad, all criminal cases under the jurisdiction of the Court the Court ètrapskomu city etrap rights.
 
Article 61. Velaâtskomu jurisdiction of cases to the Court and the Court of the city of Mashhad with 1. Velaâtskij Court, city of Mashhad to act as courts of first, cassation and supervisory bodies.
2. Velaâtskomu to the Court, the Court of the city with Mashhad as a Court of first instance have jurisdiction over criminal offences stipulated by provision 2, article 101, articles 126, 130 and 1291, part 3 of article 134 of the fourth part of article 135, articles 167, 168, 170-180, part 3 of article 184, 189-192, part 2 of article 211, 213, 252, parts of the third and fourth articles 254, 271 articles , 2711, 274, 276-2771, part 3 of article 292, part of the fourth article 294, parts of the second, third and fourth article 325, articles 328, 332, part 3 of article 343 of the Criminal Code of Turkmenistan, as well as criminal cases concerning crimes committed by public officials and officers of the Court.
 (As amended by the Act of August 4, 2011 and from March 1, 2014-Statements of the Mejlis of Turkmenistan, 2011, no. 3, art. 56; No. 2014 1, art. 41) Article 62. Jurisdiction of cases to the Supreme Court of Turkmenistan 1. The Supreme Court of Turkmenistan acts as a Court of first, cassation and supervisory bodies.
2. The Supreme Court of Turkmenistan have jurisdiction over criminal cases taken to manufacture them on its own initiative, that are particularly complex in nature or have a special social significance, as well as offences committed by judges, and other cases provided by law.
(As amended by the Act of March 1, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 41)
 
 

Article 63. The right of the superior court to take his case production indictable nobis superior court may take to its production, as the Court of first instance in any criminal case to be prosecuted nobis.
 
Article 64. Territorial jurisdiction of criminal proceedings 1. The deal is subject to review by that Court in the territory of which the crime was committed. If you cannot determine the location of the offence, the case will be reviewed in court, on the territory of which ended an inquiry or preliminary investigation.
2. If continued and serial crimes case jurisdiction meant the Court in the territory of which the crime was completed or suppressed.
 
Article 65. Jurisdiction in merger cases that fall within the jurisdiction of the courts of the same case or otherwise deal with multiple same courts, the Court considered, in the territory of which was finished a preliminary investigation or inquiry on the case.
 
Article 66. Jurisdiction in merger cases that fall within the purview of raznoimennyh courts in the prosecution of one person or group of persons having committed several crimes, which fall under the jurisdiction of the courts of raznoimennym, all crimes are upstream of these courts.
 
Article 67. Referral from the Court, which it is under, in another court 1. In some cases, to the full, prompt and proper consideration of the criminal case, it can be transferred from the Court, which it is under, in another of the same Court of the place of detection of crime or the onset of its impacts, as well as on the location of the accused or of a majority of the witnesses. Transfer case on those grounds is permitted only prior to its consideration by the Court.
2. The question of the transfer case in those cases permitted by the Chairman of the superior court, and dismiss the case out of court one velayat, city of velayat, etrap rights, cities with rights in a Court of another etrap welayat, velayat rights city, etrap towns, etrap rights-President of the Supreme Court of Turkmenistan.
 
Article 68. Transfer of criminal proceedings on jurisdiction 1. The Court in the assignments sitting, finding that the criminal case nepodsudno received the court sends it on jurisdiction.
2. the Court, having found that in its production deal with another case in the same court may leave the case in its production only if it has already started its review in the Court. However, if the case jurisdiction superior court, in all cases, it shall be in the jurisdiction.
3. a lower court case begun consideration in Court of the superior court, is not allowed.
 
Article 69. Inadmissibility of conflicts of jurisdiction 1. Conflicts of jurisdiction between the courts is not permitted. In case of dispute, the question of jurisdiction is decided by a higher court, his decision shall be final and not subject to appeal.
2. any case sent from one court to another in the manner prescribed by articles 67 and 68 of this code, shall be unconditional acceptance to the production order by the Court to which it is directed.
 
Article 70. Supervision of the Supreme Court of Turkmenistan for courts judicial supervision over the activities of all vessels operating in the territory of Turkmenistan, in accordance with this code, the Supreme Court of Turkmenistan carries out.
 
Chapter 8. Authorities and officials conducting criminal prosecution function Article 71. The Prosecutor of the Attorney-General within their competence ensures the legitimacy of the institution of criminal proceedings and is the official responsible for overseeing compliance with the law in proceedings bodies operatively-search activity, inquiry and preliminary investigation.
 
Article 72. Prosecutorial supervision in pre-trial criminal proceedings 1. Supervision over exact and uniform execution of the laws in pre-trial criminal proceedings carried out by the General Prosecutor of Turkmenistan and subordinates to him by prosecutors.
2. The Prosecutor in pre-trial criminal proceedings to take timely measures prescribed by law, to eliminate any violations of law, such violations may come.
3. Its powers in pre-trial criminal proceedings the public prosecutor carries out independently of any bodies and officials, subject only to the law.
4. The Prosecutor's decision, made in accordance with the law, are binding on all enterprises, institutions, organizations, public officials, citizens.
 
Article 73. Investigator Investigator is an official authorized within the limits of its competence, to produce a preliminary investigation in a criminal case and to exercise other powers stipulated by this code.
 
Article 74. Powers of investigator 1. Investigator on the relevant administrative territory has the right to initiate criminal proceedings, to produce a preliminary investigation thereon and execute all investigative actions stipulated by this code.

2. When the preliminary investigation all decisions about the direction of the investigation and the investigation investigator takes on its own, except where the law provides for obtaining the sanction of a Prosecutor, and bears the full responsibility for their legality and timely delivery.
3. In case of disagreement with the instructions of the investigator of the Prosecutor on bringing criminal responsibility as the accused, the offence and the amount of charges of sending the case to the Court for appointment or dismissal in accordance with this code, the investigator may present the case to a higher procurator in writing outlining their objections. In this case, the Procurator cancels specifying a subordinate Prosecutor or entrust the investigation of this case to another investigator.
4. In cases where the preliminary investigation is necessary, the investigator is entitled at any time to begin production of the preliminary investigation, without waiting for the bodies of inquiry action provided for by article 235 of the criminal code.
5. the investigator may detain and interrogate the person suspected of committing an offence, in the manner and on the grounds provided for by this code.
6. An investigator for investigation cases to give them bodies which do inquiries orders and directives on the production of investigative action and demand that the authorities conducting initial inquiries or assist in the production of certain investigative actions. Such orders and instructions of the investigator to examining bodies are required.
7. An order of a preliminary investigator, made in accordance with the law, in a criminal case in its production, are binding on all enterprises, institutions, organizations, officials and citizens.
 
Article 75. The authority of the Chief of investigations 1. The Chief of the Investigations Division directs the investigator investigation production monitors the timeliness of carrying out investigative actions by investigators on disclosure and prevention of crimes, taking steps to the most complete, comprehensive and objective the production of preliminary investigation in criminal cases.
2. the Chief of the investigation division may check criminal cases to instruct the investigator on the preliminary investigation, attracting criminal responsibility as the accused, the offence and the amount of the charges, about the direction of the case, to discontinue the proceedings in the manner provided for in this code, the production of certain investigative actions, refer a case from one investigator to another investigation, charging several investigators, as well as participate in preliminary investigation and personally make a preliminary investigation using the powers of the investigator.
3. the Chief of the Investigations Division in the criminal case gives the investigator in writing and are binding.
4. the appeal does not suspend the Prosecutor directions of their execution, except as provided by paragraph 3 of article 74 of this code.
5. Specify the Prosecutor in criminal cases, the data in accordance with the rules established by the present Code, are required for the Chief of the Investigations Division. The appeal of these indications a senior procurator does not suspend their execution.
 
Article 76. Bodies of inquiry bodies of inquiry are: 1) the internal affairs agencies;
2) commanders of military units, formations and commanders of the military institutions in cases of offences committed by their soldiers, as well as reservists during their charges; offences committed by non-military personnel, working in military institutions and military units in connection with the performance of official duties or at the location of the institution or part;
3) national security agencies-on business, otnesënnym the law in their jurisdiction;
4) commanders of units and formations of the State border guard service-in cases involving violations of the law on the State border of Turkmenistan;
5) heads of sea, river or air vehicles outside Turkmenistan,-in cases involving crimes committed on these vehicles;
6) chiefs of prisons, remand centres, educational or medical-educational institutions-offences against the established order of duty committed by employees of these institutions, as well as in cases of crimes committed in the location of these institutions;
7) service of State fire safety-fire cases and violations of fire safety requirements;
8) Road Service-in cases of violations of traffic rules and the use of motor vehicles;
9) Customs authorities-in cases of smuggling and evasion of customs duties;
10) State service of Turkmenistan for migration-in cases of violations of rules of entry, exit and stay of foreign nationals in Turkmenistan;
11) heads of diplomatic missions, consular and other official missions of Turkmenistan-offences committed within data missions and agencies.

(In the redaction of Laws of Turkmenistan dated December 22, 2012 and March 26, 2016-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110;, no. 2016 _ calendar _) article 77. Powers of inquiry 1. The bodies of inquiry attributed the adoption of necessary operatively-search measures, including using the videotaped, kinofotos″ëmki, sound recording for the purpose of detection of crimes and identify those who have committed them, revealing evidence that could be used as evidence in a criminal case after their examination and verification by the investigator or the Court, in accordance with the requirements of this code.
2. The bodies of inquiry is the obligation to take all measures necessary to prevent and suppress crime.
3. the activities of the bodies conducting initial inquiries varies, depending on whether they operate on business, for which a preliminary inquiry is necessary, or in respect of which a preliminary inquiry is not necessary.
 
Article 78. The interrogator the interrogator is an official, authorized bodies of inquiry in accordance with article 76 of the present code to implement within its competence in pre-trial proceedings in criminal matters.
 
Chapter 9. Participants in the process, protect their rights and interests or submitted Article 79. The suspect, his rights and obligations 1. A suspect is a person in respect of whom effected the detention, criminal proceedings or taken preventive measures in connection with suspicion of his having committed a crime on the grounds and in accordance with the procedure laid down in this code.
2. The criminal prosecution agency is not entitled to detain a suspect for over 72 hours and the suspected person remanded in custody, more than ten days from the moment of his detention.
3. at the time of the expiry of the deadlines set out in part two of this article, the criminal prosecution agency is obliged to release a suspect from custody and revoke the measure of restraint against him or to order about bringing him to criminal liability as a defendant.
4. Finding suspected unsubstantiated criminal prosecution authority is obliged to release a suspect from custody and cancel primenënnuû the measure of restraint against him before the expiration of the deadlines set out in part two of this article.
5. a suspect has the right to: 1) know what he is suspected of, and to acquaint themselves with the Decree instituting criminal proceedings against him or the detention Protocol or by the application of preventive measures;
2) to testify or refuse to testify about the nature of the resulting suspicion, as well as of other circumstances of the case;
3) submit evidence;
4) to file petitions;
5) to testify in their native language or a language which possesses, and to use the services of an interpreter;
6) present their testimony himself;
7) request on the application during the interrogation of audio and video recordings;
8) to have a lawyer in the case provided for by law, to receive free legal aid;
9) on the message family members, close relatives or work about his detention and location;
10) on its own request, the request of the Attorney or legal representative to participate in investigative activities;
11) to acquaint themselves with the records of the investigative action, produced with his participation, and to submit any comments on the protocols;
12) stating the challenges;
13) to bring complaints on actions (inaction) and decisions of the person conducting the initial inquiry, the investigator or the Prosecutor.
6. the suspect shall: 1) respond when summoned by an authority in charge of the criminal proceedings;
2) obey lawful requirements of a body in charge of the criminal proceedings;
3) to participate in the investigative and other legal proceedings, when it is deemed necessary to the criminal prosecution agency.
7. the suspect also has other rights and responsible in performing other duties stipulated by this code.
 
Article 80. The accused, his or her rights and obligations 1. The accused admits the person against whom the procedure established by the present Code, ordered prosecution as accused. The accused, who ventured a question on the appointment of a trial aimed at the court hearing, called a dedicated court. The defendant, whose case is being examined in the trial, referred to as the defendant. The accused in respect of whom a conviction is convicted, the accused in respect of whom a verdict, is justified.
2. the accused has the right to: 1) be informed of the charges against him, and to get acquainted with the decision about bringing him to criminal liability as the accused;
2) on the message to family members, close relatives or work on their site content;
3) to participate in the investigative actions conducted at his request or the request of a lawyer or legal representative;
4) to acquaint themselves with the records of the investigative and other procedural actions carried out at his request or the request of an attorney or legal representative, and submit comments on them;
5) to testify on charges and other circumstances of the case and the evidence in the case, or to refuse to testify;
6) submit evidence;
7) to file petitions;

8) to testify in their native language or a language which possesses, and to use the services of an interpreter;
9) present their testimony himself;
10) request on the application during the interrogation of audio and video recordings;
11) to have a lawyer in the case provided for by law, to receive free legal aid or to refuse a lawyer to defend himself;
12) from the moment of admitting, for participation in the case of a lawyer, be with him private and confidential visits, without limiting their number and duration;
13) acquainted with the Regulation (definition) of the authority in charge of the criminal proceedings, on the appointment of the examination and with the conclusion of the experts;
14) familiarize themselves at the end of the inquiry or pre-trial investigation, with all the materials of the case;
15) claim offsets;
16) to bring complaints on actions (inaction) and the decision of the person conducting the initial inquiry, the investigator, the Prosecutor.
3. the accused has the following duties: 1) respond when summoned by an authority in charge of the criminal proceedings;
2) obey lawful requirements of a body in charge of the criminal proceedings;
3) to participate in the investigative and other legal proceedings, when it is deemed necessary to the body directing criminal proceedings.
4. The rights of the accused in the Commission of an offence, has not attained the age of majority or is in a State of insanity, conducts his or her legal representative in accordance with this code. However, participation in the lawyer or legal representative cannot serve as a basis for restricting or depriving the accused of a right.
 
Article 81. Participation of the lawyer in criminal proceedings 1. The lawyer is allowed to participate in the case since the questioning as suspected of committing a crime, in the case of charge-since it is made if a person suspected of an offence is detained or remanded in custody prior to the bringing of charges, "since the announcement he detention or order the application of the preventive measure, but not later than twenty-four hours from the moment of arrest or detention.
2. As an advocate of the legitimate interests of a suspect, accused person, defendant or victim may make lawyers as well as representatives of public associations-involving members of these associations. As lawyers can be admitted next of kin and other representatives of the defendant.
3. A lawyer shall not at the same time defend two or more suspects, accused persons or defendants if the interests of the protection of one of them, contrary to the interests of the protection of another.
4. A lawyer shall be invited to participate in the suspect, accused or defendant, their legal representatives, as well as other persons, on behalf of or with the consent of the suspect, accused or defendant. At the request of the suspect, accused or defendant lawyer's participation is ensured by the investigator, the Prosecutor and the Court.
5. In cases where the participation of a lawyer, either chosen by the suspect, accused or defendant is impossible within the time period established by the present Code, to conduct an inquiry, an investigator, Prosecutor and the Court has the right to offer the suspect, the accused or defendant to invite another counsel or assign them to a lawyer through legal advice.
6. The head of the legal advice office or the Presidium of the Bar Association are required to select a lawyer to protect the legitimate interests of a suspect, accused person or defendant. Payment for legal counsel provides article 200 of this code.
 
Article 82. Mandatory participation of counsel 1. The lawyer's participation in the production of the initial inquiry, pre-trial investigation and at the trial is obligatory in the following cases: 1) when so requested by the suspect, accused or defendant;
2) for juveniles;
3) dumb, deaf, blind and other persons who by reason of physical or mental disability may not be able to exercise their right to a defence;
4) when considering the Administration accused on inpatient psychiatric examination;
5) persons who do not speak the language in which the proceedings are conducted, and illiterate;
6) persons between the interests of the protection of that contradiction, if at least one of them is a lawyer;
7) when the interrogator, investigator, procurator or court, the judge recognized the necessary participation of defence counsel in cases involving persons who have committed an offence as minors, but during the initial inquiry or pre-trial investigation or the court proceedings come of age, and persons who for reasons other than those referred to in paragraph 3 of this article are unable or find it difficult to exercise their right to a defence;
8) persons, suspects, accused persons or defendants who have committed particularly serious crimes;
9) when applying the defendant in custody as a preventive measure;
10) on business relating to the imposition of coercive measures of a medical nature;
11) when in proceedings of the case involved a State Prosecutor.

2. In the cases provided for in clauses 1-5 of the first paragraph of this article, a lawyer in the case is binding on the date specified in the first part of article 81 of the present Code, in cases stipulated by paragraphs 6-8 of the first paragraph of this article,-from the moment of the accusation and, in the case envisaged by paragraph 10, since the determination of mental illness persons.
3. If, in cases of mandatory participation by counsel he himself was not invited by the suspect, accused, defendant or on behalf of, or with the consent of the other person conducting the initial inquiry, the investigator, the Prosecutor, the Court or judge must ensure the participation of the lawyer in the case.
4. In the cases referred to in paragraphs 6, 8, 9, 11 part one of this article, the waiver of counsel may be adopted.
 
Article 83. Waiver of counsel 1. A suspect, accused person or defendant has the right to refuse legal counsel at any stage of the proceedings. Such refusal is permitted only at the initiative of the suspect, accused or defendant and does not constitute an obstacle to the continued involvement of the public prosecutor in court, as well as lawyers for other suspects, accused persons, defendants.
2. In the absence of a lawyer to conduct an inquiry, an investigator and a prosecutor make up the Protocol, the judge shall rule, and the Court-definition.
3. the refusal of a suspect, accused person or defendant from counsel financial eligibility will not be accepted. In the cases specified in paragraphs 2-5, 7 and 10 of the first paragraph of article 82 of the present Code, denial of assistance of counsel is not required for conducting the initial inquiry, the investigator, the Procurator or the Court.
4. Previously stated rejection of lawyer does not deprive the suspect, accused or defendant the right to further protection with the participation of a lawyer.
 
Article 84. The rights and obligations of counsel 1. The lawyer is obliged to use all ways and means provided for by law for the protection in order to identify the circumstances justifying or mitigating the responsibility of a suspect, accused person or defendant, and to provide them with the necessary legal assistance.
2. Since its admission to the lawyer has the right to: 1) participate in the interrogation of a suspect, accused, in presenting them, as well as in other investigative actions with their participation;
2) familiarize themselves with the record of detention, the decision to apply a preventive measure;
3) to participate in the proceedings;
4) submit evidence;
5) to file petitions;
6) claim offsets;
7) bring complaints against the actions and decisions of the person conducting the initial inquiry, the investigator, the Procurator, court.
3. From the moment of admitting, for participation in the lawyer has the right to meet with the arrested or detained suspects or accused persons, to receive visits from them private and confidential with no restriction on the number or duration.
4. The lawyer has the right to be informed of all the evidence in the case and the issue of the necessary information: 1) in cases where the criminally prosecuted as accused persons referred to in paragraphs 2-3, 5 and 7 of the first paragraph of article 82 of this code-from the moment charges are brought;
2) on the application of coercive measures of a medical nature, since the determination of mental disease person;
3) in other cases-from the moment charges are brought, with the consent of the person conducting the initial inquiry, the investigator or the Prosecutor;
4) in all cases-from the moment of acquaintance of the accused with all materials of the case.
5. counsel, who was present when investigative actions, have the right to ask questions of the person, make written comments concerning the incorrectness or incompleteness of the records in the record of the investigation actions.
6. The lawyer may not abandon adopted responsibility for protection of the suspect, accused or defendant.
7. A lawyer may not carry out any action against the interests of his client and hamper the exercise of the rights belonging to him.
8. Without the orders of his client, counsel may not engage in the following proceedings: 1) declare the guilt of his client in committing a crime;
2) claim about reconciliation with victims of his client;
3) recognize civil action;
4) to withdraw complaints filed by the defendants;
5) withdraw the filed complaints against the defendants the verdict of the Court.
9. The Attorney shall: 1) appear when summoned by the body conducting criminal proceedings to protect the rights and legitimate interests of the suspect or the accused and provide them with legal assistance;
2) appear on the legal order of the body in charge of the criminal proceedings;
3) not to divulge information that became known to him in connection with the provision of legal aid, as well as information obtained during the preliminary investigation and private meetings of the Court.
 
Article 85. Circumstances precluding participation in the case of a lawyer, a representative of the public association as a representative of the victim, civil plaintiff, civil respondent
 

1. Lawyer, representative of a public association may not participate in the case as representative of the injured party, the civil plaintiff, the civil defendant and if he has on this case or has previously provided legal assistance to a person whose interests are contrary to the interests of a person requesting to conduct business, or if he has previously participated as the official conducting the initial inquiry, the investigator, Prosecutor, judge, expert, specialist, interpreter, a witness or a witness, as well as if the investigation or case officer participates with whom the lawyer, representative of the public association is relationships.
2. the question of disqualification in the lawyer, a representative of a public association it is solved in the manner provided for in articles 105 and 106 of the present code.
 
Article 86. Victim 1. Victims in criminal procedure, a person who admits a crime arbitrarily and unlawfully damage caused by moral as well as physical or property damage.
2. In cases referred to in articles 111 and 115, part one of article 132 of the Criminal Code of Turkmenistan, the victim may apply to the Prosecutor or to the authority of the Interior. For specified crimes victim himself or through his representative have the right to support the prosecution in the trial.
3. recognition of the victims or the refusal to conduct an inquiry, an investigator, a procurator or a judge ruled, and Court-definition.
4. Citizen, recognized the victims of the crime, has the right to: 1) give evidence in one's mother tongue or a language which possesses, and to use the services of an interpreter;
2) know about the charge against the accused;
3) to acquaint themselves with the records of the investigative action, produced with his participation, and to submit comments on them;
4) submit evidence;
5) to file petitions;
6) since the end of the preliminary investigation to be acquainted with all the materials of the case;
7) to participate in the proceedings;
8) claim offsets;
9) claim compensation for the harm caused to him;
10) have a representative and cancel his powers;
11) acquainted with the Protocol of the court session and to submit to it observations;
12) appeal against the actions and decisions of the person conducting the initial inquiry, the investigator, the Procurator, the judge or the Court;
13) appeal the verdict or determination (decision) the judge or the Court.
5. In consequence of which was the death of the victim, the rights provided for in this article are his relatives.
6. a victim has the following duties: 1) respond when summoned by an authority in charge of the criminal proceedings;
2) truthfully disclose all known circumstances of the case and answering questions;
3) not to divulge information about the circumstances of the case known to him;
4) observe the established order at the investigation and during the trial.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) Article 87. Civil plaintiffs 1. Natural or legal person suffered an damage of crime, are entitled to bring criminal proceedings against the accused or persons bearing material responsibility for the actions of the accused, the civil suit, which is considered by the Court in conjunction with the criminal case.
2. recognition of a civil plaintiff or refusing the interrogator, investigator, procurator or judge ruled, and Court-definition.
3. The civil plaintiff or his representative have the right to: 1) submit evidence;
2) to file petitions;
3) to participate in the proceedings;
4) ask the body conducting an initial inquiry, the investigator and the Court to take measures to ensure the declared they claim;
5) maintain a civil action;
6) to get acquainted with the materials of the case since the end of the preliminary investigation and make extracts from them;
7) stating the challenges;
8) to bring complaints on actions of initial inquiry, the investigator, the Procurator or the Court, as well as to bring complaints on the verdict of the Court in relation to civil proceedings;
9) on the lawsuit to testify in their mother tongue or in a language in which they are fluent;
10) submit materials for inclusion in a criminal case;
11) claim compensation for material damage caused;
12) to get acquainted with the Protocol of the court session and to submit to it observations.
4. the civil plaintiff must fulfil obligations under part of the sixth article 86 of the present code.
5. Plaintiff also has the other rights and assumes other duties stipulated by the legislation of Turkmenistan.
 
Article 88. Civil defendant 1. Civil defendant admits a natural or legal person who, by virtue of the law in connection with the charge in the course of criminal proceedings a claim shall bear liability for the damage caused by the offence or prohibited by the Criminal Code of Turkmenistan Act deranged.
2. The proceedings as a civil defendant to conduct an inquiry, an investigator, a procurator or a judge shall make a reasoned decision, and the Court-definition.
3. The civil defendant or his representative have the right to: 1) know the essence of the charges and a civil lawsuit;
2) oppose the claim;
3) testifying on the merits of the claim;
4) submit evidence;
5) to file petitions;
6) to submit material for inclusion in a criminal case;

7) get acquainted at the end of the preliminary investigation of the case relating to the civil suit, and make extracts from them;
8) know about decisions affecting him and receive a copy of the procedural decisions relating to his or her declared a civil lawsuit;
9) acquainted with the court record and submit to it observations;
10) to participate in proceedings before a Court of any jurisdiction;
11) claim offsets;
12) to bring complaints on actions of initial inquiry, the investigator, the Procurator or the Court, as well as to the verdict and ruling in relation to a civil lawsuit.
4. The civil defendant has the following duties: 1) respond when summoned by an authority in charge of the criminal proceedings;
2) obey lawful requirements of a body in charge of the criminal proceedings;
3) to participate in the investigative and other legal proceedings, when it is deemed necessary to the body directing criminal proceedings;
4) observe the established order at the investigation and during the trial.
5. The civil defendant also has the other rights and shall perform other duties provided for by the legislation of Turkmenistan.
 
Article 89. Representatives of victims, plaintiffs and civil defendants as representatives of victims, plaintiffs and civil defendants in the case can participate next of kin, legal representatives, lawyers, representatives of public associations or other persons authorized to participate in the case by order of the judge or the Court, as well as on the order of an investigator or the investigator.
 
Article 90. Duty to explain and guarantee the rights of the parties to the proceedings to conduct an inquiry, an investigator, Prosecutor, judge, and the Court must explain to the participants in the proceedings their rights and be able to exercise those rights.
 
Chapter 10. Other persons participating in criminal proceedings Article 91. Witness as a witness to testify may be called and questioned any person who may be aware of any circumstances relevant to the case, other than those referred to in the first paragraph of article 93 of the present code.
 
Article 92. The rights and obligations of witnesses 1. A person involved in the case as a witness, has the right to: 1) know of any criminal case it is called;
2) to testify in their mother tongue or in a language in which they are fluent;
3) to refuse to testify against oneself and close relatives;
4) to declare the disqualification of the translator who is involved in his interrogation;
5) acquainted with the Protocol of his interrogation in the investigation of the case;
6) require additions to the Protocol and amendments;
7) to file petitions and to bring complaints on actions of the initial inquiry, the investigator, the Procurator, the judge or the Court;
8) to obtain reimbursement of the expenses in the order stipulated by the present code.
2. a witness shall: 1) respond when summoned by an official conducting the initial inquiry, the investigator, the Procurator or the Court;
2) truthfully report all known to him;
3) to give truthful testimony and responses to questions posed to him in accordance with the rules of the present code;
4) observe the established order at the investigation and during the trial.
3. The failure of a witness to their duties attracts the responsibility established by the legislation of Turkmenistan.
4. a person involved in the case as a witness, could not speak in the same case as a lawyer, the public prosecutor, as well as the representative of a victim, civil plaintiff, civil respondent.
 
Article 93. Persons who cannot be questioned as a witness 1. Cannot be questioned as a witness: 1), counsel for a suspect, accused person, defendant, representative of a victim, civil plaintiff, civil respondent about circumstances which become known to them in connection with the performance of their duties in a criminal case;
2) persons who due to physical or mental disability may not correctly perceive the circumstances relevant to the case, and give them the correct indications;
3) to conduct an inquiry, an investigator, Prosecutor, judge and clerk of the Court in connection with the performance of its procedural obligations on the criminal case. The exception is when investigating criminal cases, or where there was reason to believe the violations, abuses and selfish interest as well as newly discovered evidence emerged.
2. participation of legal representatives in the case of a victim, a suspect, an accused person does not preclude the possibility of questioning these persons as witnesses.
 
Article 94. Responsibility of witnesses 1. For failure to appear when summoned by the person conducting the initial inquiry, the investigator, the Procurator or the Court the witness can be brought to administrative responsibility, respectively, on the basis of articles 1772 and 1773 of the administrative offences code of Turkmenistan and in the manner prescribed by article 205 of this code.
2. For knowingly giving false testimony, the witness is subject to criminal liability under article 201 of the Criminal Code of Turkmenistan. Bringing a witness accountable for knowingly giving false testimony is made after the entry into force of the court verdict on the case in which he testified before or after the termination of the case.
3. the failure of a witness to testify, he may be brought to criminal responsibility under article 202 of the Criminal Code of Turkmenistan.

4. Body conducting an initial inquiry, the investigator, the Procurator and the Court has the right to expose the witness wants to call them without good reason, forced the drive through the organs of internal affairs.
 
Article 95. The expert as an expert can be caused by not having an interest in the case of a person having special scientific knowledge necessary for the production of examination and opinion.
 
Article 96. The rights and responsibilities of the expert 1. The expert shall have the right to: 1) to get acquainted with the materials of the case and collected evidence in the case, which is required to give opinions;
2) petitions submitted dossiers or validate submitted for consultation;
3) with the permission of the investigator be present during the questioning accused persons, victims, witnesses and other investigative steps and set through the investigator questioned issues;
4) participate in judicial proceedings, to ask questions to the persons interrogated in the court session, the court motions for the admission of new evidence;
5) acquainted with the protocols of investigative or other procedural act, in which he participated;
6) to bring complaints on actions of the body in charge of the penal process, limiting his rights in the production of examination;
7) to receive reimbursement of expenses incurred in the production of examination, and payment for work performed, if the examination is not included in the scope of his official duties.
2. the expert may not: 1) in addition to the body in charge of the criminal process to negotiate with stakeholders on issues related to the conduct of the examination;
2) independently to collect materials for studies;
3) to conduct research that may lead to the total or partial destruction of physical evidence, as well as changing their appearance or basic properties, if it was not a special permission from the authority that appointed examination;
4) to disclose information about the circumstances of the case, and other information that has become known in connection with participation in the case.
3. the expert shall present himself when summoned by the person conducting the initial inquiry, the investigator, the Procurator or the Court and give an objective and informed opinion on raised before it.
4. the expert may refuse to give an opinion on the case, if the material before it was insufficient to give opinion or question goes beyond his expertise.
5. For failure to appear in court, bodies of inquiry or preliminary investigation, the expert shall bear responsibility in accordance with the legislation of Turkmenistan, for obviously falsified findings on the case under article 201 of the Criminal Code of Turkmenistan.
6. the expert, an employee of the examination bodies, thought to be communicated in the course of their work, with its rights and responsibilities and predupreždënnym of criminal responsibility for obviously falsified findings.
 
Article 97. Specialist 1. As a specialist to participate in the investigative and judicial actions can be caused by not having an interest in the person with the expertise required to assist in the collection, study and consolidating proofs, as well as the use of technical means. As can be called a doctor, teacher or other person with the appropriate education, specialty and experience.
2. the requirement to call a specialist is required for the head of the enterprise, institution or organization where specialist works.
3. the official leading the criminal process that verifies the identity and competence caused by specialist, clarifies its relation to the participants in this case, explained his rights and obligations and warned about responsibility for failure or refusal to perform duties, as noted in the relevant Protocol and checks signed by the specialist.
 
Article 98. The rights and duties of the specialist 1. Specialist has the right to: 1) know the purpose of their call;
2) refuse to participate in the proceedings, if does not have the relevant expertise and experience;
3) with the permission of the body conducting criminal proceedings, to ask questions to the participants of the investigative and judicial actions;
4) draw the attention of the investigative or judicial action on the circumstances related to his actions in discovery, docked and seizure;
5) do to be included in the record of the statements relating to the detection, freezing and confiscation of evidence;
6) acquainted with the Protocol of the investigation, in which he has participated, as well as the Protocol in the relevant part of the trial and to do to be included in the record of the observations regarding the completeness and correctness of the fixation of the progress and results of action produced with his participation;
7) bring complaints against the body in charge of the criminal proceedings;
8) require reimbursement of incurred as a result of the unlawful actions of the body in charge of criminal proceedings;
9) receive remuneration if participation in the proceedings did not fall within the scope of his official duties.
2. The specialist shall: 1) appear when summoned by the body conducting the criminal proceedings;
2) to participate in the investigation and trial, using special knowledge, skills and scientific and technical means for detecting, fixing and seizure of evidence;
3) to give explanations regarding his action;

4) not to divulge information about the circumstances of the case, and other information that has become known in connection with participation in the case;
5) observe the established order at the investigation and during the trial.
3. For refusal or evasion from their duties to a specialist may be subject to public exposure or it can be brought to administrative responsibility.
 
Article 99. 1 translator. The translator is not interested in the person in possession of language, knowledge of which is necessary for the translation program to participate in the investigative and judicial actions in cases where a suspect, accused person, defendant or their lawyer or the victim, the civil plaintiff, the civil defendant or their representatives, as well as witnesses and other participants in the process do not understand the language, as well as for the translation of written documents and in cases envisaged by article 28 of the present code , invited by the body conducting the initial inquiry, the investigator and the Court. In accordance with this code, the person understanding dumb or deaf and may talk to them, invited to participate in the proceedings, is also considered to be a translator.
2. the participation of a person as a translator for the body directing criminal proceedings shall rule (definition).
 
Article 100. The rights and duties of translator 1. The translator has the right to: 1) in order to clarify the translation to ask questions to the parties in the proceedings;
2) familiarize themselves with the investigation Protocol and other procedural actions, in which he participated, as well as the relevant parts of the court record and make comments on them;
3) refuse to participate in the proceedings, if he does not possess the knowledge necessary for translation;
4) to bring complaints against the actions and decisions of the person conducting the initial inquiry, the investigator, the Procurator or the Court, in relation to it;
5) require the reimbursement of expenses incurred in connection with the participation in the performance of investigative or other procedural actions;
6) receive remuneration if participation in the proceedings did not fall within the scope of his official duties.
2. Translator shall: 1) appear when summoned by the person conducting the initial inquiry, the investigator, the Procurator or the Court;
2) perform accurately and fully entrusted the translation;
3) to certify his/her signature the correctness and accuracy of the translation activity in the record of the investigation and trial, conducted with his participation as an interpreter;
4) not to divulge information about the circumstances of the case, or other data which have become known in connection with your participation as a translator;
5) to comply with the order under investigation and during the trial.
3. In the case of a false interpretation, the interpreter shall be criminally responsible under article 201 of the Criminal Code of Turkmenistan.
4. the rules of the present article shall also apply to the person understanding dumb or deaf, unable to talk to them and invited to participate in the process.
5. For refusal or failure to perform their duties to the translator may be subject to public exposure or it can be brought to administrative responsibility.
 
Article 101. Witnesses 1. Witnesses are individuals invited prosecution authority for the approval of the production of investigative action, its progress and results in the cases stipulated by this code. For the production of investigative activities shall be invited at least two witnesses.
2. persons invited as witnesses, not interested in and capable of fully and correctly perceive the changes taking place in their presence actions independent of bodies of criminal prosecution of adult citizens. Witnesses cannot be the accused and his counsel, the suspect and the victim, civil plaintiff, civil respondent and their representatives, relatives of those persons and witnesses.
3. the comments of arisen about actions performed by the investigator, and their results shall be included in the Protocol.
 
Article 102. The rights and obligations of witnesses 1. Witnesses have the right to: 1) to participate in the investigation;
2) make comments about investigative action to be included in the Protocol;
3) to acquaint themselves with the records of the investigative actions in which they participate;
4) sign the Protocol appropriate investigative action and abandon his signature if their observations about the production of the investigation have not been made to the Protocol;
5) to bring complaints on actions of bodies of criminal prosecution.
2. Witnesses shall: 1) appear when summoned by the interrogator, investigator, Procurator;
2) certify his/her signature in the Protocol of the investigation carried out by the investigator, the Prosecutor, the compliance protocol production of this action, its progress and results;
3) not disclose without the permission of the person conducting the initial inquiry, the investigator, Procurator of the preliminary investigation materials;
4) to comply with the order under investigation.
3. For refusing to participate in the investigation or evade their responsibilities without good reason understood may incur administrative liability.
 
Chapter 11. Circumstances precluding the possibility of participating in the criminal proceedings. Taps Article 103. Disqualification of the person conducting the initial inquiry, the investigator, the Procurator, judges, jurors and a court clerk
 

1. To conduct an inquiry, an investigator, a procurator (public prosecutor), judge, court assessors, clerk of the Court is not entitled to participate in a criminal case and is subject to withdrawal if: 1) it directly or indirectly personally interested in this matter;
2) he had previously participated in the same case as the victim, civil plaintiff, civil respondent, expert, specialist, interpreter, witness, witness, Attorney, legal representative of the suspect, accused, defendant, representative of the interests of the victim, civil plaintiff, civil respondent;
3) if he is a relative of the officer responsible for proceedings in the case, or other persons listed in paragraph 2 of this article;
4 other circumstances) there is questionable in its objectivity and impartiality.
2. A judge shall not participate in a case if you previously participated in the case as the official conducting the initial inquiry, the investigator, the Procurator, the clerk of the Court.
3. a judge who has participated in the criminal proceedings before the Court of first instance may not participate in the examination of this case in the Court of appeal or by way of supervision, in addition to the meetings of the plenary of the Supreme Court of Turkmenistan, as well as to participate in the new case before the Court of first instance in case of cancellation of the sentence or order of dismissal adopted with his participation.
4. a judge who has participated in criminal proceedings in the Court of cassation instance may not participate in the examination of this case in the Court of first instance by way of supervision, as well as in the new consideration of the case in the Court of appeal after the repeal of the definition adopted.
5. The judge, who took part in the proceedings by way of supervision, cannot participate in the same case in the Court of the first or a Court of Cassation.
6. If the Attorney participated in the inquiry or pre-trial investigation or the prosecution maintained or brought protest, the presentation or give an opinion on this case, it may not be a ground for disqualification. The question of disqualification of a Prosecutor is allowed in the production of an initial inquiry or pretrial investigation, superior prosecutor in court-court seised.
 
Article 104. Taps expert, specialist, interpreter and witnesses, Expert, specialist, interpreter and witnesses may not participate in the criminal proceedings in the following cases and subject to withdrawal: 1) in the cases provided for by part one of article 103 of this code;
2) expert, specialist, interpreter when you find their incompetence, and witnesses in the case, when are employees of internal affairs agencies, national security, Prosecutor's Office and the justice system;
3) judge-if he participated in the case as a specialist, conducted the checks, collected or passed the necessary materials on the case.
4) if was or is in the service or otherwise dependent on any of the participants in the process.
(In the redaction of Laws of Turkmenistan dated December 22, 2012 and March 26, 2016-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110;, no. 2016 _ calendar _) Article 105. Circumstances precluding participation in the case of a lawyer, representative of the injured party, the civil plaintiff, civil respondent and Counsel, representative of a victim, civil plaintiff, civil respondent and cannot participate in criminal proceedings in the following circumstances: 1) if he had participated in the same case as the initial inquiry, investigator, Prosecutor, judge, juror, court clerk, witness, expert, specialist, interpreter or witness;
2) If is related to a relationship with officer involved or participating in an investigation or proceeding before a court in the same case;
3) if he has or previously had provided legal assistance to a person with an opposing or his principal interests, as well as is with those in relationships.
 
Article 106. To resolve the alleged diversion of 1. The withdrawal must be motivated and challenged before the start of the trial. A later statement disqualification shall be permitted only in cases where the basis for removal became known after the commencement of the investigation.
2. the issue of or refusal to accept the disqualification of a judge or juror Court allowed other judges in the absence of the CAF. If a vote is a judge or a juror is considered to be diverted.
3. challenge, two judges stated or the entire Court allowed by this Court in its entirety by a simple majority. Disqualification of a judge in cases before a judge alone, the judge directly.
4. the question of her candidacy or challenge, claimed in a court session shall be permitted in the retiring room.
5. in case the court diversion of the whole Court or presiding the case is transferred for consideration in the same court in another composition or on the orders of a superior court to another court.
6. the issue of the disqualification of an investigator or investigators shall be resolved by the Prosecutor, overseeing in the course of an initial inquiry and preliminary investigation.
7. the issue of disqualification is decided by a witness or investigator.

8. the question of disqualification of expert, specialist, interpreter, lawyer, representative of the injured party, the civil plaintiff, civil respondent and the investigation of the case is solved by or the investigator, and at the trial-court, which is considering a criminal case. The question of disqualification of a clerk decides the court hearing the criminal case.
9. the question of disqualification in the production of investigation must be resolved within twenty-four hours. If the disqualification is declared in court hearings, the issue is resolved without delay, in the same meeting.
10. Person conducting an initial inquiry, the investigator, the Prosecutor, the judge makes a decision to grant or to reject the declared, but court-definition.
11. Regulation (definition) to dismiss or satisfy the disqualification appeal or amend the submission. Reasons of disagreement with the decision of the (definition) can be included in a cassation complaint (representation) or a complaint (representation).
 
Chapter 12. Ensuring the safety of persons participating in the criminal process Article 107. Security investigators, investigators, prosecutors, judges, lawyers 1. The interrogator, investigator, Prosecutor, judge, lawyer and their close relatives are protected by the State.
2. the persons listed in paragraph 1 of this article, the State shall provide, in the manner prescribed by law, security measures against attacks on their lives or otherwise in connection with the consideration of criminal cases or materials in a court proceeding of inquiry or preliminary investigation.
 
Article 108. To ensure the safety of victims, suspects, accused persons, defendants, witnesses, experts, specialists and others involved in criminal proceedings 1. Bodies conducting initial inquiries, investigators, procurators and judges if they have sufficient evidence that, in connection with criminal proceedings, there is a real danger of in respect of, victims, suspects, accused persons, defendants, witnesses, experts, specialists or other persons involved in the case, as well as their close relatives have received death threats, use of force, violence, brutality, destruction of or damage to property or other action, acts criminal law prohibited, shall take all measures provided for by the legislation of Turkmenistan, for the protection of their life, honour, dignity and property protection to safeguard their security, identify the perpetrators and bring them to justice.
2. The body directing criminal proceedings shall take measures to ensure the safety of the persons referred to in paragraph 1 of this article, on the basis of their oral or written statements or on its own initiative, which will make an appropriate decision.  If necessary, the investigator, the Prosecutor, the judge reasoned decision and its Court-its definition is entitled to instruct the organs of Internal Affairs to ensure the security of these persons and to protect their property.
3. statement by the person participating in criminal proceedings, and his close relatives on the adoption of measures to ensure security should be considered body in charge of the criminal process, within twenty-four hours from the moment of its receipt. Of the decision, the applicant must be notified immediately with the direction of the copies of the Regulation (definitions).
 
Article 109. Measures to ensure the safety of persons involved in proceedings 1. In order to ensure the safety of trial participants and their close relatives, the judge or the presiding officer may hold a closed session of the Court.
2. at the request of the witness, the prosecution, as well as on their own initiative in order to ensure the safety of witnesses and its close relatives, the judge or court may make a ruling or determination on the questioning of a witness: 1) without disclosing the identity of a witness, using the alias;
2) under conditions precluding recognition witness;
3) without Visual observation by other persons of the trial.
3. The presiding officer in order to ensure the safety of the accused, representatives of the defence is entitled to prohibit the production of video and sound recordings and other means of recording the interrogation and also remove these persons from the courtroom.
4. Witness testimony the court evidence in the absence of any of the actors or outside their Visual surveillance shall be announced by the presiding in the Court in the presence of all its members, without specifying information about the witness.
5. in necessary cases the Court accepts and other measures to ensure the safety of trial participants and other persons specified by law.
6. Execution of the order of the judge or the Court's determination to ensure the security of participants in the trial, their relatives lay with the criminal prosecution authorities.
 
Chapter 13. Motions. Appeal of actions and decisions of the bodies of officers carrying out criminal proceedings Article 110. Be bound by the eligibility of participants in criminal proceedings
 

1. Participants in the criminal process has the right to contact the agent, procurators, court applications for court proceedings or the adoption of procedural decisions to establish the facts relevant to the case, ensuring the rights and legitimate interests of the applicant with the application, or can be represented by a person.
2. requests made by the suspect, accused, defendant and his counsel, as well as the victim, civil plaintiff or civil defendant or their representatives, to conduct an inquiry, an investigator, a prosecutor must consider within three days, and the judge and Court to consider their petition at the court hearing.
3. The petition must be satisfied, if it contributes to the comprehensive, full and objective study of the circumstances of the case, ensuring the rights and legitimate interests of the participants in the proceedings or other persons. In other cases, the application may be refused.
4. The alibi, the suspect, accused, defendant, his counsel, subject to verification by the investigator, the Prosecutor, the judge, the Court as not allowing reasonably recognize the guilt in committing the crime.
5. When approval of the application the body directing criminal proceedings shall inform the person who claimed the petition. At full or partial refusal of the application the body directing criminal proceedings shall rule (definition) with the indication of the grounds for refusal and declares this resolution (definition) person who claimed the petition.
6. Relevant to the case are circumstances referred to in articles 23, 126, 242 and 508 of this code, as well as all other circumstances, figuring out which may have importance for the proper investigation of the case.
 
Article 111. The order of the appeal of actions of a body conducting an initial inquiry or the investigator 1. Complaints against the body of inquiry or the investigator served directly to the Prosecutor. Complaints may be both written and oral.
2. Oral complaints shall be entered in the minutes, which shall be signed by the applicant and the person taking cognizance of the complaint.
3. On the complaint received by the Prosecutor, the body conducting an initial inquiry or the investigator must within 24 hours to send his case to the Prosecutor on his demand.
4. the filing of a complaint does not suspend the execution of the contested action. However, if the body conducting an initial inquiry, the investigator or the Prosecutor believes it necessary, they may suspend the execution of the appealed action.
 
Article 112. Complaint resolution by the Prosecutor of the public prosecutor within three days after receiving the complaints body conducting an initial inquiry or the investigator must allow it and inform the complainant of the results of the authorization. In case of refusal, the Prosecutor is obliged to state the grounds on which the complaint is not substantiated.
 
Article 113. Appeal of actions and decisions of the Prosecutor appeals against the actions and decisions of the Prosecutor are being higher prosecutor.
 
Article 114. Complaint cases submitted to the Court after a trial in the case of complaints or petitions go directly to court.
 
Article 115. Grievance procedure 1. It is prohibited to assign the complaint investigator s, procurators, nor judges, actions and decisions which are appealed, as well as the official who confirmed the contested decision.
2. the Prosecutor or the judge, considering a complaint shall, within the limits of their powers to take action to restore the violated rights and legitimate interests of persons involved in criminal proceedings, as well as other citizens or organizations.
 
Chapter 14. Protocols Article 116. Bound 1 logging. When investigative actions in the Court and, where necessary, in the assignments sittings of courts of first instance, in the cases provided by paragraph 2 of article 450 of this code, the Court of cassation instance court as well as in the meetings of the Presidium of the Supreme Court of Turkmenistan necessarily maintained protocols.
2. a Protocol may be written by hand or drawn using recording equipment and printed on your computer. To ensure completeness of the Protocol can be used verbatim, sound and video recording. Transcript is attached not to the case.
 
Article 117. Investigation Protocol 1. Protocol for the production of investigative action shall be drawn up in the course of the investigation or immediately after his graduation.
2. the Protocol shall contain the following: 1 the investigation) place and date of production of the investigation, the exact time of its beginning and end, surname, initials, first name and patronymic, place of work and position of the person conducting the investigative action, name and surname of each person involved in the investigation, action and his place of residence;
2) procedural steps in the order in which they were made; identified in their production relevant to the circumstances of this case and the statements and complaints investigations;
3) entry for clarification participants investigation of their rights, duties, responsibilities and procedure of investigation in accordance with this code.

3. If in the course of investigation applied photography, sound and video recording, or casts were made and prints of traces, schemes, plans, the Protocol should also be listed scientific and technological means, the technology applied in the production of the corresponding investigative activity, the conditions and procedures for their use, and the results obtained. The Protocol should also be noted that before applying scientific and technological tools have been notified about that persons involved in the production of investigative action.
4. The Protocol must be brought to the attention of all persons involved in the production of investigative action. They should be clarified right to make comments about the conduct of investigative actions that need to be made to the Protocol. Papal Protocol comments, additions, corrections shall be certified by the signatures of those persons.
5. The Protocol shall be signed by the investigator and others involved in the production of investigative action. That refusal or failure to his signature is carried out in accordance with the requirements of article 119 of this code.
6. The protocol attached photographic negatives and prints, slides, audio and video recordings, diagrams, plans, casts and prints of traces, made in investigative actions.
7. If in the course of investigation specialist based on its audit compiled special documents, they are attached to the Protocol, of which the Protocol shall be checked.
 
Article 118. The application of audio and video recordings during interrogation 1. By decision of the investigator during the interrogation of a suspect, accused person, a witness or a victim, and also at the request of interviewees can be applied to sound and video recording.
2. the investigator shall decide on the application of audio and video recordings and notify the person being interrogated prior to the interrogation.
3. Sound and video recording must be carried out continuously, fully reflect the testimony of persons under interrogation and the whole process of interrogation. In the event of a sudden stop or suspend entry in other cases, the investigator indicates the cause and duration of interruptions during the interrogation. Sound and video recording part of interrogation and repetition especially for audio and video evidence during the same questioning is not allowed.
4. at the end of the questioning, sound-and video-audio is reproduced entirely. Additions to the sound recordings and videotapes of testimony made by interrogees, are also included in the audio and video recording. Audio and video ends of the interrogated a statement certifying its correctness.
5. Evidence obtained during an interrogation with the use of audio and video recordings, shall be entered in the minutes of interrogation, in accordance with the rules of article 117 of this code.
6. The interrogation Protocol should also contain: 1) mark on the application of audio and video recordings and the notification of the person questioned;
2) information about the technical equipment and conditions for sound and video recording, date and time of entry;
3) statement being questioned about the use of sound and video recordings;
4) mark about playing audio show and audio and video recordings;
5) the identity of the interrogator and investigator of the correctness of the Protocol and audio and video recordings. Sound and video is stored at the and at the end of the preliminary investigation shall be sealed.
7. In case of playback audio and video evidence in the production of another investigation, the investigator must make about this mark in the Protocol an appropriate investigative action.
 
Article 119. That refusal or failure to sign the Protocol of the investigation 1. If a suspect, accused, victim, witness or other person involved in the process, refused to sign the Protocol of the investigation, it is marked in the Protocol zaverâemaâ signature of the person who made the investigative action.
2. Person refused to sign the Protocol, should be given the opportunity to give an explanation of the reasons for refusal, which is recorded in the Protocol.
3. If one of the persons referred to in paragraph 1 of this article, due to physical or mental disability is deprived of the opportunity to read and sign the minutes of investigative action, reading it aloud, the Protocol may sign his lawyer, representative or another authorised person, and this is marked in the Protocol. Named mark certified by signature of the investigator and witnesses.
4. If a suspect, accused person, victim and witness for the reasons stated in part three of this article, cannot sign the interrogation the investigator invites foreign person who, with the consent of the person certifies his signature was the correctness of the recording of his testimony. This Protocol is signed and the investigator conducting the interrogation.
 
Article 120. Protocol Status Conference 1. The Protocol Status Conference shall contain: 1) time and place of the meeting;
2) name and composition of the Court, the Registrar, the Prosecutor, Attorney;
3) case, a summary of the report of the judge;
4) address by counsel;
5) speech by the Prosecutor;
6) all the action of the Court in the order in which they occur;
7) declarations and petitions of persons participating in the assignments sitting;
8) definitions made no deletions in the deliberation room;
9) definitions made in the retiring room.

2. status conference in the Protocol should be stated about the removal of the Court to the deliberation room, disclosure and clarify definitions and term of appeal definition.
3. the Protocol signed by the Chairman and Secretary.
 
Article 121. Trial transcript 1. In the Protocol of the court session shall contain: 1) place and date of the meeting with the designation since its beginning and end;
2) case;
3) name and composition of the Court;
4) public prosecutor, Attorney, clerk, translator, defendant, victim, civil plaintiff, civil respondent and their representatives, other persons caused by the Court;
5) identification of the arrivals of witnesses and about removing them from the trial before interrogation;
6) the identity of the defendant, the date and time of receipt of the copy of the indictment and information on the implementation of preventive measures;
7) announcement of the composition of the Court and the other participants in the proceedings and clarification of stakeholders of their rights of objection;
8) explanation of the defendant and other participants in the proceedings their rights and duties;
9) reading of the indictment;
10) orders of the presiding officer and the action of the Court in the order in which they occur;
11) declarations and petitions by the public prosecutor, actors and experts;
12) definitions made by the Court without removing the deliberation room;
13) definitions made by the Court in the retiring room;
14) complete and detailed content of the testimony of the victim, witnesses and the defendant;
15) expert opinion and its replies to the questions put to him;
16) results of inspections and other activities made in the court session;
17) consistency and substantive content of the deliberations;
18) content of the last word of the defendant.
2. the Protocol shall contain the indication about the removal of the Court to the deliberation room, sentencing and explain order and duration of his appeal for clarification of the defendant the right to offering comments on the trial transcript after consulting with him.
3. Trial transcript is maintained during the trial and should be prepared and signed no later than five days, on particularly complex cases-ten days after the end of the trial. The Protocol signed by the Chairman and the Secretary of the court session.
4. during the trial can apply audio and video-recording of interviews. In this case, sound-and video attached to the Protocol of the court session, which is marked on the application of audio and video recordings.
 
Article 122. Comments on the trial transcript 1. Within five days after the signing of the Protocol, the public prosecutor, lawyer, the defendant and the victim, the civil plaintiff, the civil defendant or their representatives may review it and submit their comments on the Protocol, with its due to incorrect or incomplete.
2. Submitted comments considering presiding and if you agree with the comments of the certificate indicating their correctness and attaches to the Protocol of the trial.
3. If you do not agree with the remarks of the presiding judge before they are introduced the assignments sitting of the Court in the same composition, that when considering cases involving persons who have submitted comments, failure to appear without good reason, cannot be a ground for transferring a status conference. In case of impossibility to provide the same composition of the Court, the presiding officer and at least one of the jurors should be from among the judges involved in the case.
If it is not possible to ensure the participation of the judge presiding over the trial involved two assessors court must.
4. the Court is obliged to discuss the comments submitted and to make its determination. Submitted comments are to be adduced.
 
Article 123. Minutes of the meeting of the plenum of the Supreme Court of Turkmenistan 1. In the minutes of the meeting of the plenum of the Supreme Court of Turkmenistan shall specify: 1) the date of the meeting;
2) participants of the meeting;
3) agenda for the meeting;
4) summary of statements of persons participating in the meeting;
5) speech by the Prosecutor;
6) the decision taken on the case.
2. the Protocol signed by the Chair and the Secretary of the plenary.
 
The third section. Evidence and proof of Chapter 15. Evidence of Article 124. The notion of evidence 1. Every from any legally obtained evidence in a criminal case are evidence. Based on these data, certain provisions of this code, to conduct an inquiry, an investigator, Prosecutor, judge, court establish the existence or absence of an act referred to in the Criminal Code of Turkmenistan, to commit or to have committed the offence by the accused and the guilt or innocence of the accused, as well as other circumstances of importance for the proper determination of the case.
2. The actual data of relevance for the proper determination of the case, shall be installed: 1) the testimony of a suspect, accused person, defendant, victim or witness;
2) expert opinion;
3) physical evidence;
4) protocols of the proceedings;
5) other documents.
 
Article 125. Evidence inadmissible as evidence
 

1. actual data should be declared inadmissible as evidence if they are violations of the requirements of this code by deprivation of or scruple rights guaranteed by law or actors and the violation of other rules of criminal procedure in the investigation or litigation of the case influenced or could affect the reliability of the evidence obtained, including: 1) using violence, threats, deception or other illegal acts;
2) using delusions person participating in criminal proceedings, regarding their rights and obligations arising from incomplete or incorrect, not explaining them to clarify it;
3) in connection with the observance of the procedural act by a person not entitled to conduct proceedings in the criminal matter;
4) in connection with participation in the proceeding a person subject to allotment;
5) with a substantial violation of the procedure of the procedural act;
6) information obtained from an unknown source or from a source that cannot be installed in the court session;
7) using during proof methods, contrary to modern scientific knowledge.
2. Inadmissibility of evidence as evidence, as well as the possibility of their limited use in criminal proceedings shall be determined by the body leading the process, on its own initiative or at the request of the parties.
3. Cannot be used as the basis of prosecution testimony from a suspect, accused person, witness, victim or expert opinion evidence, records of investigative and judicial proceedings and other documents, if they are not included in the inventory of the materials of the criminal case.
4. Evidence obtained in violation of the law shall be recognized as null and void and cannot be used as the basis of an indictment or in proving any of the circumstances specified in article 126 of this code.
5. Evidence from the violations referred to in paragraph 1 of this article may be used as evidence of the violations and the guilt of those who have committed them.
 
Article 126. Circumstances to be proved in a criminal case 1. In the production of the initial inquiry, pre-trial investigation and trial in criminal proceedings shall be proof of: 1) event (time, place, method and other circumstances of the offence) and the offence stipulated in the penal law;
2) who committed the Act, prohibited the criminal law;
3) the guilt of the person committing the crime, the shape of his guilt, the motives of the offense;
4) circumstances affecting the degree and nature of the liability of the accused;
5) the circumstances characterizing the identity of the accused;
6) consequences of the crime committed;
7) the nature and extent of the damage caused;
8) circumstances precluding the criminality;
9) circumstances, exempting from criminal liability and penalties.
2. Criminal proceedings are subject to identification of the circumstances, causes and conditions conducive to the perpetration of a crime.
 
Article 127. Circumstances that are installed without evidence the following circumstances are considered to be established without evidence, if the due process would not be proven otherwise: 1) facts;
2) correctness accepted in modern science, technology, art, craft research methods;
3) circumstances, established by a final decision of the Court;
4) knowledge of the eyes of the law;
5) knowledge of his or her official or professional duties.
 
Article 128. The testimony of a suspect, accused person, defendant, victim, witness 1. The testimony of a suspect, accused person, victim or witness is the information notified them in writing or verbally during the interrogation, conducted in the process of inquiry or preliminary investigation, in the manner prescribed by chapter 27 of this code. Information obtained during the interrogation of the defendant during the trial, his testimony.
2. a suspect has the right to give testimony concerning the existing suspicions against him, as well as other known circumstances and evidence relevant to the case.
3. the accused has the right to testify about the accusations against him, as well as about other known facts and evidence relevant to the case, and the defendant is in the study of all the circumstances of the case.
4. recognition of the accused, defendant pleaded guilty in committing a crime can be the basis for prosecution only upon confirmation of his guilt by the totality of evidence in the case.
5. the victim may be questioned about any circumstances subject to proof in the case, as well as their relationship with the suspect, accused, defendant, other victims, witnesses. Cannot serve as evidence information reported by the victims, if it cannot identify the source of his knowledge.
6. a witness may be questioned on any circumstances relating to the case, including the identity of the accused person, defendant, victim and their relationship with them and with other witnesses. Cannot serve as evidence information reported by a witness, if he could not identify the source of his knowledge. Are not evidence of the message a person not subject to questioning as a witness.

7. Indications on data revealing the identity of the accused cannot be used as the basis of the accusation and used as evidence only for issues related to sentencing and release from punishment.
8. Is not evidence of testimony of a person who, in the manner prescribed by this code, it was recognized at the time of the interrogation, unable to correctly perceive or reproduce the circumstances of significance for criminal proceedings.
 
Article 129. Expert opinion 1. Expert opinion is submitted in writing under this code, the conclusions on the questions posed to the expert body in charge of the criminal process, or by the parties, based on the results of conducted using special study scientific knowledge objects, referred to in article 295 of the criminal code. In conclusion, you specify the methods that were applied in the study, expert answers, as well as the circumstances relevant to the case and established on the initiative of the expert.
2. The oral explanations of the expert evidence, are only part of the explanation of its earlier conclusions.
3. Expert's opinion is not binding on the body in charge of the criminal process, but his disagreement with the conclusion must be motivated.
 
Article 130. Evidence 1. Exhibits are objects and documents, which served as an instrument of a crime or preserved traces of the crime, or have been subjected to criminal acts, as well as money and other valuables acquired by criminal means, and other objects and documents that can serve as a means to detect crime, to establish the facts of the case, identify the perpetrators or to refute the charges or mitigate the guilt.
2. The exhibits attached to the case by a decision of the authority in charge of the criminal process, and are in it up to the entry of judgment in force or before the expiry date of the appeal decision or determination to dismiss the case. The order of examination of evidence and their storage is defined by article 261 of the criminal code.
3. In determining the sentence, ruling or a ruling on termination of case should be resolved the question of exhibits and other seized items: 1) the instruments belonging to the defendant, the defendant, destroyed or confiscated, depending on their value;
2) money and other valuables acquired by criminal means shall be transferred into State revenue;
3) things prohibited treatment shall be transferred to the appropriate agencies or destroyed;
4) things do not represent any value and is not likely to be used, destroyed and, in the case of application of the interested persons or agencies issued to them;
5) the rest of the things are returned to their owners, while the latter nonestablishment become property of the State;
6) documents which are exhibits remain in the during the whole period of storage of the last or transferred to an institution or a person concerned in the manner prescribed by part of the fourth article 131 of this code.
4. If necessary, return the exhibits organization received their return in return for the same items or pay their value issued by the State Committee on statistics of Turkmenistan or its territorial units help on local market prices, existing at the time of the return of these items.
5. in case of impossibility of establishing the identity and country of the items to be returned, in a criminal case in court, the dispute shall be settled in civil proceedings.
 
Article 131. Protocols of investigative and judicial proceedings and other documents 1. Having practical value for the cause of actual data of inspections, surveys and other investigative, as well as judicial proceedings recorded protocols developed and designed in accordance with the requirements of this Code may serve as evidence.
2. Documents admit the evidence if the information or certified in these agencies, officials and citizens, are relevant to the criminal case.
3. documents may include information recorded both in writing and in a different form. The documents include the following submissions, once or submitted in the manner provided for in article 133 of this code: 1) materials a pre-investigation checks (explaining acts of inventories and audits, certificates);
2) materials that contain computer information, pictures, audio and video recordings.
4. Documents attached to the case and kept it throughout the duration of its storage. In the case where withdrawn and enclosed to case documents are needed for the current accounting, accounting and other legitimate purposes, they can be returned to the lawful owner or loaned or transferred their copies, if possible without prejudice to the case.
5. In cases where documents have the characteristics specified in article 130 of the present Code, they admit material evidence.
 
Chapter 16. Proof of Article 132. Proof
 

1. The proof is in the collection, study, evaluation, and use of evidence in order to establish the facts relevant to the legitimate, reasonable and fair resolution of the case.
2. the obligation of proof reason prosecution and the defendant's guilt lies with the public prosecutor.
 
Article 133. Collection of evidence 1. The interrogator, investigator, procurator and court may within its competence under their production business to call in an order stipulated by this code, any person for questioning or for giving opinions as an expert; to inspect and other procedural actions specified in this code; demand from institutions, enterprises, organizations, officials and citizens represent objects and documents, which could establish the necessary case evidence and require the production of audits. The fulfilment of these requirements is obligatory for all citizens, institutions, enterprises, organizations and officials.
2. The lawyer admitted to participate in the case in the manner provided for in this code, have the right to present evidence and gather information that is required to provide legal aid, as well as the characteristics, references, documents and their copies of the organizations, which are obliged in accordance with the law to issue these documents or their copies with the consent of the defendant to seek the opinion of a person who has expertise on issues arising in connection with legal aid whose resolution demands their use.
3. Information both orally and in writing, as well as the objects and documents that may constitute proof of the right to submit a suspect, accused person, defendant, counsel, the public prosecutor, the injured party, the civil plaintiff, the civil defendant and their representatives, as well as any citizens and organizations.
4. all collected evidence are subject to a thorough, comprehensive and objective review by the official conducting the initial inquiry, the investigator, the Procurator or the Court.
 
Article 134. Consolidating proofs 1. The actual data can be used as evidence only after they commit in the records of the proceedings.
2. Responsible for keeping records in the course of the inquiry and preliminary investigation attributed respectively to the investigator and the investigator, and in court-the presiding officer and the clerk of the Court.
3. Participants in the investigative and judicial proceedings, as well as to parties to the proceedings should be guaranteed the right to be acquainted with the protocols, in which the progress and results of these actions, make protocols additions and corrections, comments and objections to the procedure and conditions for carrying out this action, offer differently present records in the Protocol, to draw the attention of the person conducting the initial inquiry, the investigator or the Court in the circumstances which may be relevant to the case. For clarification participants in investigative and judicial proceedings their rights is marked in the Protocol.
4. additions, corrections, comments, objections, motions and complaints made orally shall be made to the Protocol, as set forth in writing annexed to the Protocol. About začerknutyh or entered words or other rectifications done clause before signing at the end of the Protocol.
5. Persons familiar with the investigation Protocol, put their signatures under the last line of text on each page and at the end of the Protocol. When reading the part of the court record signatures to be put at the end of each page and at the end of this part.
6. In case of disagreement with the comments or objections to conduct an inquiry, an investigator or a judge handed down about this ruling, and the Court-definition.
7. upon refusal of any of the actors or others to sign in the cases provided for by law, Protocol investigation investigator or the investigator makes a mark in about this Protocol and certifies it his signature.
8. a person who refuses to sign the Protocol, may explain the reason for his failure, and this explanation must be added to the Protocol.
9. If a party to proceedings because of their disability cannot read or sign the Protocol, with the consent of the Protocol reads aloud and signs his lawyer, representative or other citizen, to which that person trusts what is marked in the Protocol.
10. In order to consolidate evidence, along with the drafting of protocols, there may be sound and video recording, photography, production of casts, prints, plans, schemes and other means of recording information. On the application of a party to the investigation or trial referred to securing evidence is marked accordingly in the record of the investigation or action in the Protocol of the trial with the technical characteristics of the scientific and technical means used.

11. Phonograms, videos, photographs, reproductions, prints, diagrams, plans, others display the progress and results of the investigative or judicial action are attached to the Protocol. For each application should be explanatory inscription with the designation name, venue and date of the investigative or judicial action, the application belongs. This inscription certify with their signatures in pre-trial proceedings investigator or the investigator, and if necessary, witnesses, and in Court-presiding and the clerk of the Court.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 135. Research evidence evidence collected in the case are subject to a comprehensive and objective study. The study includes an analysis of the resulting evidence associating with other evidence, picking up additional evidence, checking the sources of evidence.
 
Article 136. Evaluation of evidence 1. The interrogator, investigator, Prosecutor, judge, and the Court shall evaluate the evidence by their inner conviction, based on a comprehensive, full and objective consideration of all the circumstances of the case and the evidence as a whole, in accordance with the law, relevance or admissibility of evidence and their sufficiency for resolution of the criminal case.
2. No evidence for the person conducting the initial inquiry, the investigator, the Procurator, judges and the Court does not have a predetermined force.
 
Article 137. Scientific and technological means in the process of evidence 1. In order to collect, research and assessment of evidence the body directing criminal proceedings shall have the right to use scientific and technological means.
2. to assist in the use of scientific and technical means body in charge of the criminal process may be invited.
3. the application of scientific and technological means admissible if they: 1) expressly provided for by the law or do not contradict its norms and principles;
2) scientifically invalid;
3) provide the efficiency of criminal proceedings;
4) safe.
4. the use of scientific and technological means body in charge of the criminal process, recorded in the procès-verbaux of the proceedings with the details of the scientific and technical means, conditions and procedures for their application, the objects to which these tools were applied and the results of their use.
 
Article 138. Using the results of investigative activities in proving a criminal case results of operatively-search activity, obtained in compliance with the law, may be used in evidence in criminal proceedings in accordance with the provisions of the present Code, regulating the collection, study and evaluation of evidence.
 
The fourth section. Coercive measures Chapter 17. Apprehension of Art. 139. The concept of detention 1. Detention is a coercive measure applied to suspect an offence is alleged to have committed the crime and the defendant to the authority leading the criminal proceedings and detention in places and conditions defined by law. Detention, as one of the types of coercive measures, due to stop suspects, accused persons and defendants opportunity to escape from prosecution and the Court, to hide or destroy evidence, obstructing efforts to establish the truth or continue criminal activity, as well as to ensure the execution of the sentence.
2. the detention may be applied only under the following circumstances: 1) against a person suspected of committing an offence, is accused of having committed a crime, the defendant, against whom for perfect crime punishable by imprisonment;
2) against an accused, in violation of the conditions applied to it.
 
Article 140. Detention 1. The criminal prosecution authorities may detain a person suspected of committing a crime for which may be punished by deprivation of liberty only in the presence of the following grounds: 1) when the person is caught when committing a crime or immediately after its Commission;
2) when witnesses, including victims, directly indicate this person as the perpetrator;
3) when the suspect, his clothes, its subjects, with him or in his dwelling, his transport clear traces of the crime are discovered;
4) if there are other data give grounds for suspecting a person of having committed an offence, he may be detained only if he attempted to escape or when he has no permanent residence, or when his identity is not installed.
2. the detention may be applied to minors only in exceptional cases, where it is called the gravity of the crimes committed in the presence of grounds referred to in this article.
3. For each case of detention of a suspect, the criminal prosecution authorities must draw up a report, together with an indication of the reasons, motives, days, hours and minutes, year and month, places of detention, the detainee's explanations and time protocol. The detention report must be signed by the person who submitted it and by the detainee. In case of refusal of the detainee from the signature of the Protocol on the appropriate entry is made in the Protocol.
 

Article 141. Notice of detention 1. About the detention of a person suspected of committing an offence, and its seat, the criminal prosecution authorities should immediately, but not later than twenty-four hours to notify his family or close relatives.
2. The detention of a minor is immediately notified his parents or persons substituting or trustees.
3. About the detention of a citizen of a foreign State for criminal prosecution authority reports to the Ministry of Foreign Affairs of Turkmenistan for immediate notification to the Embassy, consular or other representation of the State concerned.
4. a copy of the detention shall be sent in place of detention.
 
Article 142. Procedure for short-term detention of suspects Order short-term detention of persons suspected of having committed an offence is determined by the regulations on short-term detention of persons suspected of committing a crime.
 
Article 143. Calling and interrogation of a suspect 1. Calling and questioning of a suspect shall be made in compliance with the rules established by articles 246, 250, 252, 255 and 257 of the present code.
2. Before questioning suspects must be apprised of his rights under article 79 of the present code. It must be declared in an offense he is suspected, what is marked in the Protocol of his interrogation.
3. If the suspect was apprehended or against him remanded in pretrial detention, his interrogation is immediate. However, if you make an interrogation is not immediately available, the suspect shall be interrogated not later than twenty-four hours from the moment of detention.
 
Article 144. The period of detention of a suspect 1. Within twenty-four hours from the moment of detention of a suspect, the criminal prosecution authorities must inform the public prosecutor.
2. Within forty-eight hours from the time you receive a message indicating whether the detention of a prosecutor must authorize the detention or to release the detainee.
3. The total period of detention of a suspect in all cases can not exceed seventy-two hours from the moment of detention. If justifying detention of a suspect before obtaining the sanction of the public prosecutor to detention, criminal prosecution authorities immediately releases the detainee and inform the Prosecutor.
 
Article 145. Detention ordered by the person conducting the initial inquiry, the investigator, the Procurator, the judge or court 1. On the basis of the decision of the official conducting the initial inquiry, the investigator, the Procurator, the judge or court about the detention of the suspect is an employee of the authority of prosecution in compliance with the requirements of article 140 of this code shall immediately deliver to the nearest detainee an internal affairs agency or other body of criminal prosecution. On whether detention orders and drive the suspect shall be immediately notified to the competent person, who brought the ruling or determination of custody, or court.
2. In the case of detention of the accused sought, if it has no regulation on the application of the preventive measure of remand detention, the Prosecutor etrap, etrap rights city at the place of detention in accordance with the requirements of article 140 of this code has the right to order the detention of the accused at the time required for bringing a detainee to the place of investigation, but not more than ten days.
3. Since the arrest of a suspect shall be included in the custody in appointing Court penalties pursuant to the provisions provided for in article 66 of the Criminal Code of Turkmenistan, is counted in the total period assigned punishment.
4. If, at the end of periods of detention prescribed by law, there is a corresponding decision by the investigator, the Procurator, the judge or the Court for the release of the detainee or to remand detention, the head of the administration of places of detention and releases it sends a message to the agent, procurators, nor judges or in court.
 
Chapter 18. Preventive measures Article 146. Grounds for application of precautionary measures when there are reasonable grounds for believing that a suspect, accused person, defendant, while at large, evading investigation and court or will let the truth in a criminal case, or will engage in criminal activity, given the gravity and danger of crimes, as well as to ensure the execution of the sentence the interrogator, investigator, Prosecutor, judge, and the Court may apply in the manner prescribed by this code, with regard to a suspect, accused person the defendant, one of the measures provided for in article 147 of this code.
 
Article 147. Types of preventive measures 1. Preventive measures are: 1) the recognizance not to leave;
2) personal surety;
3) suretyship organization;
4) bail;
5) detention.
2. minors in custody as a preventive measure may be applied also to return them under the supervision of their parents or alternates or the Board of Trustees, and minors, raised in institutions-impact under the supervision of the administration of these institutions.
3. In the armed forces can be applied as a preventive measure surveillance command of military units, where they are in the service.
 

Article 148. Circumstances taken into account in applying preventive measures in the settlement of the question of the need to adopt preventive measures, as well as the election of one or another of these interrogator, investigator, Prosecutor, judge, and the Court shall take into account, in addition to the circumstances referred to in article 146 of this code, also the gravity of the crime committed, the identity of the suspect, accused, defendant, their activity, age, State of health, marital status and other circumstances.
 
Article 149. The application of preventive measures against the suspect in exceptional cases, if there are grounds under article 146, and taking into account the circumstances referred to in article 148 of this code, a preventive measure may be applied with regard to a person suspected of committing an offence and prior to his indictment.  In this case, the prosecution must be presented not later than ten days from the date of application of the preventive measure, but if the suspect is arrested, and then detained, imprisoned since his detention. If during this time the prosecution will not be charged, the measure immediately cancelled.
 
Article 150. Recognizance not to leave 1. Recognizance not to leave is to remove from the suspect, accused or defendant written undertaking not to leave place of residence or temporary staying without permission of the person conducting the initial inquiry, the investigator, the Procurator, the judge or the Court, not to impede the investigation and proceedings before a court, in time to be on the challenges of the body in charge of the criminal process.
2. in case of violation by the suspect, accused or defendant his travel ban may be applied more stringent measure what he is warned when removal of a subscription.
 
Article 151. Personal guarantee 1. Personal guarantee consists in taking over credible persons a written commitment that they warrant proper behavior and appearance of a suspect, accused person or defendant to challenge the official conducting the initial inquiry, the investigator, the Procurator or the Court. The number of guarantors may not be less than two.
2. Election of the recognizance shall be permitted only with the written request and consent of the warrantor with respect to the application of the surety.
3. When you remove the personal surety bondsman subscriptions must be informed about the nature of the case in which the measure is applied, and the evasion of liability in case of a suspect, accused person or defendant from investigation and trial.
4. the guarantor shall be entitled to cancel the guarantee at any time in the course of criminal proceedings.
5. In the case of evasion of a suspect, accused person or defendant from investigation and trial, each of the guarantors can be brought to administrative responsibility.
6. bringing to administrative responsibility is carried out in the manner prescribed by article 205 of this code.
 
Article 152. Surety organization 1. Surety is giving a written commitment that the Organization undertakes adequate behavior and appearance of the suspect, accused or defendant to challenge the official conducting the initial inquiry, the investigator, the Procurator or the Court.
2. Organization of giving bail should be notified about the essence of the case in which this measure is applied. In the case of evasion of the suspect, accused or defendant from investigation and Court Organization, acting as a guarantor may be in the manner prescribed by article 205 of this code, be brought to administrative responsibility, on the basis of the Code of administrative offences.
 
Article 153. Pledge 1. Bail is a measure used by temporarily making money or other valuables on deposit account of the appropriate body of the investigation or the Court for the appearance of a suspect, accused person or defendant to challenge the official in charge of criminal proceedings. When applying the pledge takes into account the identity of the person in respect of whom it is applied, the severity and the nature of the offence.
2. Bail as a preventive measure may be elected by an investigator with the consent of the Prosecutor.
3. A pledge may be themselves by the suspect, accused or defendant or other persons, as well as non-State entities. On the adoption of a pledge shall develop a Protocol and its copy is handed to the pledgor.
4. The size of the collateral is determined taking into account the situation of the person to which it is applied and the circumstances of the crime, but may not be less than fifty times the minimum wage.
5. The pledgor has the right to know the nature of the Act of the person to whom it is applied.
6. The judge or the Court, in passing sentence or order or determination on termination of the criminal case and the question of the return of the pledge the pledgor. In the event of termination of criminal proceedings during the preliminary investigation, the security deposit is returned to the pledgor by the investigator or body of inquiry.
7. in the event of a conviction in respect of the person to whom applied bail one twentieth part of the deposit is transferred to the State budget, while the rest is returned to the pledgor.

8. The person to whom the pledge is used, in violation of the conditions of this preventive measure is applied, a preventive measure in the form of detention. If there is a violation of the conditions of bail by a court bail entirely can be credited to the revenue of the State.
 
Article 154. Detention 1. Detention as a preventive measure is applied with the approval of the Prosecutor, in cases of offences for which the law prescribes punishment in the form of deprivation of liberty for a term not exceeding two years. In exceptional circumstances this preventive measure may be applied in cases of offences for which the law prescribes a penalty of imprisonment and for a term not exceeding two years, IE: 1) when the suspect or accused has no specific place of residence on the territory of Turkmenistan;
2) if his identity is not installed;
3) if there is a violation of the previously chosen preventive measure against him;
4) if he is a fugitive from prosecution or the Court, or if there is concrete evidence that he has the intention to escape.
2. To persons accused of committing offences of medium gravity, serious or particularly serious crimes provided for in the special part of the Criminal Code of Turkmenistan, detention as a preventive measure may be applied only by reason of the seriousness and danger of crimes.
3. Detention as a preventive measure may be applied to minors only in exceptional cases, where it is called the gravity of the crimes committed in the presence of grounds set forth in article 146, and taking into account the circumstances stipulated by article 148 of the criminal code.
4. When deciding on sanction for the arrest of a procurator must acquaint himself thoroughly with all materials containing the grounds for detention and custody contract, see and, where necessary, personally question the suspect or accused, and the juvenile suspect or accused-in all cases.
5. The right to give sanction to arrest belongs to the General Prosecutor of Turkmenistan, the Prosecutor General, Prosecutor of the city with Mashhad, prosecutors etraps, cities, military and specialized prosecutors and their deputies.
 
Article 155. Placing under supervision 1. Transfer of a juvenile suspect or accused person or defendant under the supervision of their parents or alternates or the Board of Trustees, administration of childcare institutions is to assume any of the mentioned persons a written commitment to ensure the appearance of the minor to the investigator and the Court, as well as its proper conduct.
2. Placing under the supervision of their parents or other persons is possible only on the basis of their written request.
3. When remove subscription of acceptance under the supervision of the person giving the obligation of it, have the right to know about the nature of the case in which elected this preventive measure. If there is a violation of the obligations assumed by the person giving the undertaking, he can be brought to administrative responsibility, on what he is warned when removal of adoption under supervision.
 
Article 156. Monitoring military command 1. Monitoring military command for the suspect, the accused or defendants who are military personnel, is to take the measures envisaged by the statutes of the armed forces of Turkmenistan, in order to ensure the proper behavior and appearance of a suspect, accused person or defendant on the challenges of conducting the initial inquiry, the investigator, the Procurator, court.
2. Military Command reported on the essence of the case in which this measure is applied. On the establishment of observation of the command of the military unit shall immediately notify in writing the person conducting the initial inquiry, the investigator, the Procurator or the Court, availing himself of this measure.
 
Article 157. Repossession orders and medals at the conclusion of a suspect, accused person or defendant in custody at the conclusion of a suspect, accused person or defendant in custody investigator, the investigator, the Procurator, the judge or the Court has the right to withdraw if there are orders, medals and documents to them and store them in the case until it is resolved.
 
Article 158. Detention periods 1. Detention during investigation of criminal cases may not exceed two months.
2. In the absence of grounds to amend or repeal the measure of restraint for a specified term may be extended by the Prosecutor of velayat, city with Mashhad or alternates up to six months from the day of detention. Further extension may be effected only in view of the particular complexity of criminal proceedings by the Prosecutor General of Turkmenistan and his deputies-until one year from the date of detention.
3. extension of detention for a term exceeding one year is allowed in exceptional cases and only in respect of persons accused of committing serious or particularly serious crimes. Such extension may be carried out by the Prosecutor General of Turkmenistan up to one and a half years.
4. Further extension is not allowed and in the custody of the accused shall be released immediately. Materials of the identity of a criminal investigation should be submitted for consultation to the accused and his counsel no later than one month before the expiry of detention provided for in paragraph 3 of this article.

5. When you return the Court to a new investigation of the case in which custody has expired, and the circumstances of the case, a preventive measure in the form of detention cannot be changed, the extension of police custody is made by the Prosecutor overseeing the investigation, within one month from receipt of the case to him. A further extension of the specified term shall be made taking into account time spent in custody before sending the case to the Court in the manner and within the limits laid down in the parts of the second, third and fourth of the present article.
 
Article 159. Decision and determination to apply a preventive measure 1. To apply a preventive measure to conduct an inquiry, an investigator, the Prosecutor, the judge shall make a reasoned decision, and the Court-definition. In the decreeing (definition) contains: surname, name and patronymic, year and place of birth, nationality, citizenship, education, attitude towards conscription, previous convictions, place of work and residence of the accused committed the crime and the article of the criminal law, according to which the person is accused, the grounds for preventive measure and view the chosen preventive measure.
2. In Regulation (definition) the detention order, in addition, identifies those special circumstances that are the basis for the application of this measure. A copy of the order (definitions) is sent to prison for execution.
3. A ruling or determination to apply a preventive measure declares the person against whom it is issued.
 
Article 160. Notification of conclusion of a suspect, accused person or defendant in custody 1. On the application as preventive detention to conduct an inquiry, an investigator, Prosecutor, judge, the Court immediately informs the family in their place of work or study of the suspect, accused or defendant.
2. A copy of the order (definitions) of the detention shall be sent in place of detention. If a suspect, accused or defendant is a citizen of a foreign State or a stateless person, it informed the Ministry of Foreign Affairs of Turkmenistan.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 161. Measures for the welfare of children, disabled persons and safeguarding of assets signed custody 1. Body conducting an initial inquiry, the investigator, the Procurator, the judge or court shall: 1) if the person signed custody of minor children, incapacitated persons dependent on him, latchkey, refer them to the care of relatives or other persons or institutions;
2) if the person signed in custody, property, homes or large or small animals left unattended, at the request of the prisoner into custody, for his score to take steps to ensure their safety.
2. The measures taken body conducting an initial inquiry, the investigator, judge, and the Court shall notify the prisoner in custody.
 
Article 162. Revoking or changing preventive measures 1. Adopted by the accused in cases of cancelled the measure if it eliminates the need for further or changed to a higher or more soft when it is called by the circumstances of the case. Cancel or change a measure of restraint is made motivated by the resolution of the initial inquiry, investigator or procurator, and after trial is motivated by a judge or by the decision of the Court.
2. cancellation or change a measure of restraint and procurators who knowingly cause to be elected on the written instructions of the Attorney or authorized by it, is permitted only with the consent of the Prosecutor.
 
Article 163. The Prosecutor's supervision over the application of preventive measures 1. The Prosecutor supervises the legality and validity of the application of the preventive measure of inquiry or pre-trial investigation authorities. The Prosecutor has the right to invite those bodies to elect in writing, cancel or change the preventive measure chosen with regard to the suspect or accused.
2. Written instructions of a Prosecutor are compulsory for the organs of inquiry and preliminary investigation.
 
Chapter 19. Other coercive measures Article 164. Application of other coercive measures 1. In order to ensure the safety of the investigation and trial in criminal cases provided by the present Code, proper execution of the sentence of the body directing criminal proceedings shall have the right to apply to a suspect, accused person, defendant instead of coercive measures under Chapter 18 of this code, or alongside other coercive measures, i.e.: obligation to turnout, drive, suspension from Office, the seizure of property. In the case of a person detained on grounds under Chapter 17 of the present code may be coercive measure in the form of a seizure.
2. In cases provided by the present Code, the body directing criminal proceedings may apply to the victim, a witness or other persons involved in a case who coercive measures such as the obligation to appear, drive, fine.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 165. The obligation to appear before the investigator, an investigator, a procurator or a court
 

When there are reasonable grounds for believing that a suspect, accused person or defendant, who was not detained or remanded, not as well as a witness or victim may evade involvement in the investigation or in judicial proceedings, or when the actual failure on call without valid reasons listed individuals may be selected to be the timely a written commitment on the challenges of conducting the initial inquiry, investigator, Prosecutor or court and, in the case of change of residence-immediately inform about it.
 
Article 166. Drive 1. In the case of failure to appear on a summons without valid reasons, the suspect, the accused or the defendant, as well as the witness and the victim may be by a reasoned decision of the official conducting the initial inquiry, the investigator, the Procurator, the judge or court subjected to forcible detention.
2. Valid reasons for non-appearance were recognized: illness, not allowing a person to appear, death of a close relative, natural disasters, non-receipt of a subpoena, other reasons that do not depend on his wishes and deny the person the opportunity to appear at the appointed time. The suspect, accused, defendant, as well as the witness and the victim are required to notify the authority to which they are called, that may not be in time for legitimate reasons.
3. A ruling or determination of the actuator is declared a suspect, accused person, defendant, as well as the witness and the victim before his execution, that verifies their signature on the Decree (definition).
4. drive cannot be carried out at night.
5. Shall not be detained minors under fourteen years of age, pregnant women and the sick, if this fact is verified by a physician in an appropriate manner, and minors over the age of fourteen years without the knowledge of their legal representative.
6. the decision of the judge or the Court arrest warrant executed by the internal affairs agencies; the ruling of the investigator, the investigator, the Procurator, a body of inquiry or the organs of internal affairs.
 
Article 167. Suspension 1. The interrogator, investigator, Prosecutor, judge or court decree reasoned-definition, has the right to suspend from Office, accused, defendant, if there are reasonable grounds for believing that, remaining at that post, he will hamper the investigation and trial proceedings, reparations, caused offence or to continue to engage in criminal activity associated with this post.
2. the decision of the person conducting the initial inquiry, the investigator, the suspension of the accused from Office authorized by the Prosecutor.
3. A ruling or determination of the suspension from Office of the accused or defendant shall be sent to the head of the Organization of its work. Head for three days must execute a ruling or determination and notify the person conducting the initial inquiry, the investigator, the Procurator, the judge or court, which decided to suspend from their posts.
4. The suspension of the repealed Ordinance investigator, the investigator, the Procurator, the judge or the decision of the Court, when there is no need to apply this measure.
 
Article 168. A fine Question to administrative liability in the form of a fine of a victim, a witness, expert, translator or other persons for failure to comply with procedural obligations and breach of the peace in court in cases stipulated by this code shall be decided on the basis of a judge's order or ruling on the case in accordance with the administrative law and this code.
 
Article 169. Seizure of property 1. In order to ensure enforcement of the civil lawsuit, other property sanctions or possible confiscation of property, to conduct an inquiry, an investigator, Prosecutor, judge, the Court has the right to seize the property of a suspect, accused person, defendant or persons in accordance with the legislation of Turkmenistan material responsibility for their actions.
2. Seizure of property is to declare it the owner or holder of the ban to dispose of and, where necessary, and use the property or in the temporary seizure of property and transfer it to the store.
3. The seizure is made a reasoned decision (definition). In the decreeing (definition) arestuemoe property must be specified, which is sufficient to allow the civil action.
4. Seizure of property by the judge or the Court, accepting the proceedings shall be made by a judicial executor. When seizure of property to determine its cost can be brought to the participation of a specialist. The seizure and the investigator interrogating represent Protocol and Lawman-distrainment of the property.
5. a person or body conducting criminal proceedings, in cases where the need for seizure, by its regulation (definition) withdrew this prohibition.
 
Chapter 20. Pre-trial detention, article 170. Order pre-trial detention 1. Remand in custody is determined by this code and other legislative acts of Turkmenistan.

2. the procedure for pre-trial detention extends also to prisoners in detention, verdicts which have not entered into force.
 
Article 171. Objectives of the legislation on preventive detention Legislation on pre-trial detention, in accordance with articles 146 and 154 of this code is to establish the rules of places of pre-trial detention of persons in respect of whom as a preventive measure applied detention in order to exclude the possibility of escape from investigation and trial, obstructing efforts to establish the truth or engaging in criminal activity as well as ensure the execution of the sentence.
 
Article 172. Grounds for pre-trial detention, remand in custody is ruling the initial inquiry, investigator, Procurator of the Prosecutor, the verdict, judgment or determination of a judge or a court on application as preventive detention made under the criminal and criminal procedural legislation of Turkmenistan.
 
Article 173. Of the place of pre-trial detention 1. Places of pre-trial detention for persons in respect of whom as a preventive measure applied detention are jails. In some cases these persons may be held in prison, the remand prison, and guardhouses.
2. In the temporary detention facility of a person in custody, inmates can contain no more than three days. If shipping prisoners in remand unit owing to distance or lack of appropriate communications, prisoners may be held in detention for a longer period but not exceeding twenty days. In such cases, and also when a prisoner is held in prison in order to ensure content is determined by the present code.
3. the procedure for detention of prisoners in custody in a remand prison for up to three days, as well as the guardhouse is determined by the legislation of Turkmenistan.
4. If persons serving sentences in places of deprivation of liberty, are prosecuted for another offence and as a preventive measure applied detention, they are on the order of a person or body in charge of the case, may be held in a punishment cell of a correctional institution or young offenders ' institution disciplinary isolation.
 
Article 174. Order of detention in places of pre-trial detention 1. Order the detention of persons in places of pre-trial detention lies with the administration of places of pre-trial detention.
2. the administration of the detention centre shall carry out its activities in accordance with this code and other laws of Turkmenistan.
 
Article 175. The legal status of persons detained in pre-trial detention 1. Persons held in pre-trial detention, have rights and responsibilities established for citizens of Turkmenistan, with restrictions provided by this code and the consequences of the detention regime.
2. The legal situation of detainees in pre-trial detention of foreigners and persons without citizenship shall be determined by the legislation of Turkmenistan, which stipulates the rights and duties of those persons while they on the territory of Turkmenistan, within the limits established by the present code and the consequences of the detention regime.
 
Article 176. The basic requirements of the regime in places of pre-trial detention 1. The basic requirements of the regime in places of pre-trial detention are isolated from society and other people, persons, prisoners in custody, constant supervision of them and their separation in the manner provided for by article 177 of this code.
2. persons, prisoners in custody as a preventive measure, are subjected to body searches, fingerprinting and photographing that reside in these things, as well as entering their name parcels are subject to inspection and censorship of correspondence. They are forbidden to carry money and valuables, as well as items not permitted to be stored in places of pre-trial detention. Money seized from them during their stay in places of pre-trial detention shall be credited to the accounts and valuables and items shall be deposited.
3. Money and valuables, the origin of which is not installed, refer to the State a substantiated ruling by the head of the place of pre-trial detention, the Procurator.
4. Prisoners in custody of the person may be required to work only within the territory of the place of pre-trial detention with their consent and permission of the person or body dealing with the case. The determination of conditions of their remuneration shall be effected in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
 
Article 177. Segregation in places of pre-trial detention
 

1. A person in custody, inmates held in communal cells. In exceptional cases, a substantiated ruling by the person or body in charge of the case, or the head of the place of pre-trial detention, the Procurator, they may be kept in solitary confinement.
2. Prisoners in custody are placed in cells with the following isolation requirements: 1) men separately from women;
2) juveniles are separated from adults;
3) persons previously sentenced to prison-not separately from persons held in places of deprivation of liberty;
4) persons suspected of committing serious or particularly serious crimes or accused of committing such crimes,-separately from others in custody;
5) persons suspected of committing crimes against the State or the accused in committing such crimes, as a rule, separately from other detainees;
6) persons who have committed offences when the dangerous and especially dangerous recidivist,-separately from others in custody;
7) convicted-separately from others in custody and, in accordance with the views of the colony regime stipulated by a court sentence;
8) aliens and stateless persons-as a rule, separately from others in custody.
3. Suspected or accused in the same case in the presence of the person or body in charge of the case, held separately.
4. Placement of detainees in places of confinement, medical institutions are set by the Ministry of internal affairs in agreement with the Ministry of health and medical industry of Turkmenistan.
 
Article 178. Rights and duties of prisoners in custody 1. A person in custody, inmates have the right to: 1) use a daily walk of one hour;
2) receive once a month the transfer or parcel weighing up to five kilograms, receive remittances; buying cashless food and necessities to the amount of one minimum wage per month; enjoy their own clothing and footwear;
3) be in possession of documents and records related to the case;
4) enjoy board games and books from the library of the place of pre-trial detention;
5) complaints and statements in State bodies, public associations and officials in the manner provided for in article 181 of this code.
2. Prisoners detained women are entitled to have their children with them up to the age of two years. Pregnant women and women with children, as well as minor duration daily walk is set to two hours. Pregnant women during the six months before childbirth and nursing mothers are entitled to in excess of established by paragraph 2 of the first paragraph of this article amounts to purchase food and basic necessities in the amount of one minimum wage per month.
3. Persons serving sentences in places of deprivation of liberty, in case of application in relation to them as preventive detention in connection with a proceeding in another case, maintained in accordance with the rules established by the present code. The right to receive parcels, as well as buying food and daily necessities is established for these persons in accordance with the rules laid down by the legislation of Turkmenistan for the type of regime penal colony, designated by the verdict or ruling or order of a judge.
4. persons in custody, inmates are obliged to: 1) respect the order established in places of pre-trial detention;
2) comply with the requirements of the administration of the place of pre-trial detention;
3) on the appointment of the Administration bear alternately in chambers;
4) treat inventory, equipment and other property of places of pre-trial detention.
 
Article 179. Material and domestic security and medical services, prisoners in custody 1. Persons in custody, prisoners are provided with the necessary living conditions, comply with the rules of hygiene and sanitation.
2. Persons, prisoners in custody, provided free food to the established norms, individual berth, bedding and other kinds of material welfare. In appropriate cases, issued with clothing and footwear of the established sample.
3. the health services as well as medical and epidemiological treatment were provided for working in places of detention are organized and conducted in accordance with the law on health protection.
4. The procedure for providing medical care to detainees, the use of therapeutic health institutions and attracting for this purpose their medical personnel is determined by the Ministry of the Interior and the Ministry of health and medical industry of Turkmenistan.
 
Article 180. Procedure of granting individuals visiting prisoners in custody 1. Meetings with relatives or other persons may be granted to prisoners detained only with the permission of the person or body in charge of the case. Duration of visits is set from one to two hours. A person or body in charge of the case, may authorize the date, usually no more than once a month.

2. Since the admission of counsel to participate in the case, confirmed by written communication, the person or body in charge of the case, inmates in custody shall have the right to communicate with his lawyer in private, in conditions that ensure privacy, with no limit on the number of visits and their duration.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 181. Correspondence of persons, prisoners in custody and the procedure for forwarding complaints, applications and letters 1. A person in custody, prisoners may correspond with relatives and other citizens to resolve the person or body in charge of the case.
2. Complaints, Petitions and letters of persons in detention are reviewed by the administration of the place of pre-trial detention. Complaints, applications and letters addressed to a procurator are not subject to and sent to the following address within 24 hours from the time of their submission.
3. In accordance with the present Code appeals against the actions of an investigator or the investigator authorities of places of pre-trial detention are forwarded to the procurator within 24 hours from the time of their submission, and complaints about the actions and decisions of the Prosecutor, the senior procurator.
4. other complaints, Petitions and letters connected with criminal proceedings not later than three days from the time of their submission are sent to the administration of the place of pre-trial detention to the person or body in charge of the case. They viewed that person or entity and not later than three days from the time they arrive to the amenities. Appeals, statements and letters containing information, a message which might hinder the establishment of the truth in a criminal case, not sent by what informed the person in custody, as well as shall be notified to the Prosecutor.
5. Complaints, Petitions and letters on matters not related to the case are duly considered by the administration of the place of pre-trial detention or are sent for conditioning in the manner prescribed by law.
 
Article 182. Incentives applicable to persons detained prisoners to detainees, with estimated their behaviour, the administration of the place of pre-trial detention may apply the following measures to promote: 1) commendation;
2) early withdrawal penalties imposed previously;
3) increase in the duration of the walk.
 
Article 183. Penalties applicable to persons trapped in custody 1. Persons, prisoners in custody, in breach of the requirements of the regime, the administration of the place of pre-trial detention may apply the following sanctions: 1) warning or reprimand;
2) extraordinary cleaning duty;
3) disqualification for one month to buy food and receive regular parcel or transfer.
2. persons in custody inmates who violate the requirements of the regime can be a substantiated ruling by the head of the place of pre-trial detention be placed in a punishment cell for up to 10 days, and minors for up to five days. Pregnant women and women with children, are not subject to punishment cell incarceration. Applied to prisoners in detention penalties should match the severity and the nature of the misconduct. Not permitted the use of measures involving causing detainees physical suffering or degrading human dignity.
 
Article 184. Liability of persons, prisoners in custody 1. A person in custody, inmates are liable for material damage to the State, incurred during a stay in places of pre-trial detention, in the amount established by the legislation of Turkmenistan.
2. damages collected by order of the Chief of the pre-trial detention of the sums available in the personal account of a person in custody. Damage, not vozmeŝënnyj them during their stay in places of pre-trial detention, in the case of a conviction of that person to the punishment of imprisonment may be imposed by the administration of the correctional institution of funds received on the account of a condemned man.
3. In case of cancellation or change the measure of restraint for material damage, vozmeŝënnyj one person not in custody may be imposed on a general basis.
 
Article 185. Security measures and the grounds for the use of weapons 1. Persons, prisoners in custody if they physically resist detention workers, have a riot or commit other violent acts, allowed the use of handcuffs or a straitjacket in order to prevent causing them harm others or themselves.
2. If a person in custody inmate attack or other deliberate actions directly threatening the lives of workers in a place of pre-trial detention or other persons, as well as escape from custody as an exceptional measure, it is allowed to use weapons if other measures cannot halt such actions. When the escape from custody of women and minors, the use of weapons is not allowed.
3. Each case of use of weapons the administration of places of pre-trial detention must immediately notify the Procurator.
 
Article 186. The grounds for the release of prisoners in custody as a preventive measure 1. Grounds for the release of prisoners from detention are: 1) the abolition of preventive measures;

2) changing the measure of restraint;
3) expiration of the statutory period of detention as a preventive measure (if this period is not extended in accordance with the law). The head of the place of pre-trial detention must not later than seven days prior to the expiration of the period of detention of the prisoner in writing notify the person or body in charge of the case, as well as the Prosecutor who exercises supervision over compliance with the law in places of pre-trial detention.
2. the release of prisoners from detention is carried out by the head of the place of pre-trial detention on the basis of the decision of the official conducting the initial inquiry, the investigator, the Procurator or the sentence definition and judgement of the Court (judge). In the case provided for in paragraph 3 of the first paragraph of this article, prisoners are released by order of the Prosecutor who exercises supervision over compliance with the law in places of pre-trial detention.
3. the decision, the sentence or the definition of the release of the prisoner from custody shall be executed immediately upon receipt in place of pre-trial detention.
4. Persons released from detention, the administration of the place of pre-trial detention provides free travel to their place of residence. Where necessary, they shall be issued by cash and clothes.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 187. Procuracy supervision over compliance with the law in places of detention in accordance with the legislation of Turkmenistan, overseeing compliance with the law in places of pre-trial detention is carried out by the General Prosecutor of Turkmenistan and subordinates to him by prosecutors.
 
The fifth section. Property issues in criminal proceedings Chapter 21. Civil action in criminal proceedings Article 188. Civil suit covered in criminal proceedings 1. Person, result of an offence is entitled to material damages and the institutions, enterprises, organizations are required to bring a civil action against the accused or persons, institutions, enterprises, organizations, which by law are liable for damages caused by a crime of the accused.
2. Criminal indemnification upon presentation of a civil claim in criminal proceedings shall be exempt from payment of the State fee.
3. The jurisdiction of a civil action arising from criminal proceedings, defines the jurisdiction of the criminal case, in which he brought.
4. If a procedural relationship and issues arising in connection with a civil suit, filed in a criminal case are not regulated by this code, the rules of civil procedure law, which do not contradict this code.
 
Article 189. Inadmissibility of repeated suing for civil action in criminal proceedings may not be instituted if it was denied in civil proceedings. Denial of a civil lawsuit, a misdirection within the framework of criminal proceedings, deprives the plaintiff right repetitious of the same claim in civil proceedings.
 
Article 190. Civil action 1. A civil action may be brought at the criminal complaint, inquiry, preliminary investigation and in court-prior to the commencement of the investigation.
2. in criminal proceedings, the filing of a counterclaim is not allowed and the action case in which the accused recognized as insane or sick incurable mental illness.
3. A civil action shall be made in writing. In the statement of claim stated on any criminal case, who, to whom, on what grounds and to what extent the brings a civil action, as well as a description of the request for recovery of a specific amount of money or property for compensation.
4. a person who is not a civil claim in criminal proceedings, as well as the person whose claim on the Court without consideration, may bring it in civil proceedings.
 
Article 191. Recognition of a civil plaintiff 1. The interrogator, investigator, Prosecutor, judge, and the Court must explain to the victim of his right to bring a civil action against the accused or against persons as well as institutions, companies and organizations with financial responsibility for his actions, and the heads of institutions, enterprises, organizations and public associations, ponësših damage of crime, their obligation to submit it.
2. Clarification of the law to make a civil claim is made either orally with entering in the interrogation of the victim, or in the form of written communication, the original of which remains in the case.
3. The natural person or legal entity, who reveals to the civil suit, a civil plaintiff. On recognition of a civil plaintiff to conduct an inquiry, an investigator, a Prosecutor are required to make a reasoned decision. The person presenting the claim, its representative declares the Decree on recognition of a civil plaintiff and explains the rights stipulated by article 87 of the present code.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) Article 192. Refusal to recognize a civil plaintiff
 

In the absence of grounds for suing stipulated by part one of article 188 of the present Code, a natural or legal person may be refused recognition of a civil plaintiff, which imposed a reasoned decision and clarifies the right of appeal.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) Article 193. Involvement in the case as civil respondent 1. Having established that for damage caused by the criminal acts of the accused, by law is materially liable other persons or enterprises, institutions, organizations, to conduct an inquiry, an investigator, a Prosecutor shall make a reasoned decision, and the Court (judge) reasoned determination (decision) to participate in the case as a civil defendant by the person concerned or of the enterprise, institution or organization.
2. the decision declares the civil defendant or his representative. They explain the rights provided for in article 88 of the present Code, what is marked in the decreeing which shall be certified by the signature of the civil defendant or his representative.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 194. The civil action 1. A civil action is subject to review in conjunction with the criminal case. If you cannot determine the exact size of the caused damage to an action may be brought and resolved in civil proceedings.
2. Proof against a civil action in the criminal case is made according to the rules established by the present code.
3. If a civil suit to recover money spent on hospital care for the victims of criminal acts, has not been presented, the Court, in passing sentence may, on its own initiative to resolve the issue of the recovery of such funds.
 
Article 195. Application of the rules on the terms, conditions, scope and manner of reparation in considering a civil lawsuit brought in a criminal case, the basis, conditions, amount and method of compensation shall be determined in accordance with the norms of civil, labour or other legislation. In the cases provided for by law, international treaties shall apply.
 
Article 196. The provision of compensation for material damage caused crime 1. When sufficient data on crime of inflicting material damage to conduct an inquiry, an investigator, Prosecutor, judge and Court are obliged to take immediate measures to ensure against or possible be presented in future civil proceedings.
2. In cases of crimes for which this code provides for the confiscation of property, to conduct an inquiry, an investigator, Prosecutor and the Court (judge) must take immediate action to the preservation of the property of a suspect or accused person.
3. Provision of civil suits and the possible confiscation of property is done attaching the deposits, valuables, and other property of the defendant and the confiscation of valuables and property was seized.
4. the Prosecutor shall have the right to make or maintain a civil suit brought by the victims, if necessary for the protection of the rights of citizens, the public or the public interest.
5. If in such cases a civil action has not been brought, the Court, in passing sentence may, on its own initiative to resolve the issue of compensation for material damage caused to the victim.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) Article 197. Waiver of civil action 1. Natural or legal person has the right to refuse them against a civil lawsuit.
2. statement by the plaintiff about the denial of the claim will be entered in the record of the investigation or trial. If the refusal of the claim set out in a written statement that it is attached to the case.
3. the refusal of the claim is accepted by the investigator or the Prosecutor at any time the investigation of the criminal case. About this verdict. Denial of the claim may be received by the Court or judge with a ruling or order at any point in the trial, but prior to the removal of the deliberation room to resolve the case.
4. acceptance refusal from civil action shall entail the termination of production.
5. before the adoption of the renunciation of a civil suit to conduct an inquiry, an investigator, Prosecutor, judge or court must explain to the complainant the consequences of a refusal, set part of the fourth of the present article.
6. Conducting the initial inquiry, the investigator, the Procurator, the judge or the Court does not accept the refusal of the plaintiff from suing in cases, if these actions are contrary to the law or violated someone's rights and legally protected interests, about what makes a reasoned decision or determination.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) article 198. Resolution of civil action 1. When the sentencing judge or court shall grant a civil claim in full or in part or refuses to meet him.
2. If it is impossible to produce a detailed estimate on the civil suit without adjournment proceedings of a criminal case, the judge or court may recognize a civil plaintiff the right to satisfaction of the claim and refer the matter to the Court in civil proceedings.

3. in the judgement of acquittal, as well as the determination to suspend proceedings in connection with the application of coercive measures of a medical nature the Court: 1) refuses to meet civil action if there is no event crime, established the innocence of the defendant or the person in respect of whom the issue of the application of coercive measures of a medical nature to commit crimes or acts provided for by the Criminal Code of Turkmenistan;
2) leaves the civil suit without consideration of the defendant in case of acquittal for lack of corpus delicti or discontinuance due to lack of justification for the imposition of compulsory measures of a medical nature to a person who by the nature of the offense conduct and his condition does not pose a danger to the public and does not require compulsory treatment.
4. Upon termination of the proceedings on the grounds specified in paragraphs 3-10 of the first paragraph of article 31 of the present Code, the Court leaves the civil suit without consideration.
 
Article 199. Execution of the sentence of a court in the part of the civil action in responding to the Court a civil lawsuit verdict in part a civil action shall be executed in the manner prescribed by the legislation of Turkmenistan on enforcement proceedings ".
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) Chapter 22. Remuneration and reimbursement of expenses incurred in the course of criminal proceedings Article 200. Payment for legal counsel 1. Payment for legal counsel shall be in accordance with applicable law.
2. The head of the legal advice office or the Presidium of the Bar Association in the manner prescribed by the legislation of Turkmenistan have the right to release the suspect, accused or defendant entirely or partially from payment for legal assistance. In this case, the remuneration of counsel shall be made at the expense of the Presidium of the Bar Association.
3. In the case of the liberation of the body conducting an initial inquiry or pre-trial investigation, the Procurator, the judge or Court of the suspect, accused or defendant from paying for legal assistance lawyer's remuneration shall be effected at the expense of the State, in the manner determined by the Cabinet of Ministers of Turkmenistan. When you pay a lawyer at the expense of the State to conduct an inquiry, an investigator, Prosecutor, judge, and the Court ruled-definition. Decision and determination of remuneration due to counsel are to be devoted to legal advice for information and financial authority for execution. The size of the amount to be paid for legal advice, shall be determined in accordance with the rules governing legal assistance to citizens.
4. wage costs of counsel in the manner determined by the Cabinet of Ministers of Turkmenistan, are at the expense of the State and in the case where the Attorney participated in the production of the initial inquiry, pre-trial investigation and court proceedings for the purpose intended, without an agreement with the client. Reimbursement to the State in this case lies with the man. With the participation of the lawyer in the case to appoint the Court concurrently with the sentence Decree shall determine the amount of remuneration payable performs legal consultations.
 
Article 201. Retrieving translator, specialist, expert, remuneration for their work 1. Translator, specialist, expert, runs the appropriate job within the framework of criminal proceedings, receives: 1) salaries in the workplace-if performed the work in the manner of service jobs;
2) rewards at the expense of the State budget of Turkmenistan within the rates established by the Cabinet of Ministers of Turkmenistan, if work is not included in the scope of his official duties and performed during off-hours;
3) remuneration in amount, a specific agreement with the party-if work was performed in agreement with that party.
2. In the case provided for in paragraph 2 of this article, remuneration shall be paid on the basis of the regulations (definitions) of the authority in charge of the criminal case, handed down after presentation of accounting documents the translator, specialist, expert.
 
Article 202. Reimbursement of expenses incurred by persons participating in criminal proceedings 1. Criminal proceedings shall be compensated at the expense of the State budget of Turkmenistan following the victim, civil plaintiff, civil respondent, their legal representatives, a lawyer appointed by the investigator, the Prosecutor, the judge and the Court in accordance with this code, as well as a translator, specialist, expert and witness: 1) expenses for appearance and calling the body in charge of the criminal process:-cost of travel by air, rail, water, road (except taxi) transport and other transport modes existing in a given area;
-the cost of hiring a residential premises on standards for the payment of travel, provided that these costs are not reimbursed by the employer;
2) DSA, if necessary for these persons reside at the request of the body in charge of the criminal process, outside the place of residence, and provided that the per diems are not reimbursed by the employer;

3) average earnings for all time spent on the demand of the body in charge of the criminal proceedings, to take part in criminal proceedings, except in cases where the average salary is saved for them by the Organization, the employer;
4) restoration or purchase of the tangible assets damaged or lost as a result of participation in the production of investigative or other procedural actions on demand, the body in charge of the criminal process.
2. State bodies and organisations are obliged to keep the victim, his legal representative understood, translator, specialist, expert, witness, the average earnings for all the time spent by them on demand, the body in charge of the criminal process to participate in criminal proceedings.
3. Specialist and expert we will compensate for the cost of materials for chemical reactions and other consumables, spent in carrying out assigned work, as well as imported them to do the work of charges for the use of equipment, utilities.
4. Expenses incurred within the framework of criminal proceedings, recoverable upon application by persons listed in paragraph 1 of this article, based on Regulation (definitions) of the body in charge of the criminal proceedings, in the amount established by the legislation of Turkmenistan. These costs may also be reimbursed for the expense side, draw the types of individuals referred to in paragraph 1 of this article, to participate in the investigatory action or in other cases provided by the present code.
5. the expenses envisaged in paragraphs 1-2 and 4 of the first paragraph of this article may be compensated in accordance with the laws of the body in charge of the criminal case, on its own initiative.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110) Chapter 23. Procedural costs Article 203. Procedural costs Proceedings costs consist of: 1) amounts paid to victims and their representatives, witnesses, experts, specialists, interpreters, understood in the manner prescribed by articles 201 and 202 of this code;
2) amounts paid to victims and their representatives, witnesses, understood not having permanent earning, in connection with the diversion of them from conventional classes;
3) sums payable to witnesses, victims and their representatives, understood and permanent workers earnings, compensation lost their wages for the time spent by them in connection with the call in the body directing criminal proceedings;
4) remuneration payable to specialists, experts, translators, for discharging their responsibilities in the process of inquiry and preliminary investigation or in court, unless these duties are performed in the order in which service jobs;
5) amounts paid for providing legal assistance in the event of a release of a suspect, accused person or defendant of its payment or a lawyer in an inquiry, preliminary investigation or in court to appoint, without an agreement with the customer;
6) amounts spent on storing, forwarding and verification of evidence;
7) amounts spent on the examination of the bodies of examination;
8) amounts expended in connection with finding and drive of the accused absconding or court;
9) other costs or costs incurred within the framework of criminal proceedings.
 
Article 204. Recovery of procedural costs 1. Procedural costs may be recovered by the Court with a condemned man or are at the expense of the State.
2. the Court shall be entitled to recover from the convict arbitration expenses, except for the amounts paid to the translator, as well as counsel in cases provided by paragraphs 4 and 5 of this article. Procedural costs may be charged and convicted, released from punishment.
3. the procedural expenses related to the participation in the interpreter, taken at the expense of the State. If the translator has fulfilled its functions in the manner of an official job, his pay is compensated by the State Organization, which employs a translator.
4. If the suspect or the accused stated refusal from a lawyer who was not satisfied, and a lawyer involved in the case about the destination, then the wage costs of counsel shall be made at the expense of the State.
5. In the case of an acquittal, the accused or the termination of a case, in accordance with paragraphs 1 and 2 of the first paragraph of article 31 and part two of article 313 of the present Code, procedural expenses shall be made at the expense of the State. If the defendant is acquitted, the court obliges him to pay procedural costs associated with the prosecution under which he was found guilty.
6. procedural costs shall be adopted at the expense of the State in the case of the estate of insolvency of the person from which they should be recovered. The Court may release the person completely or partially from payment of procedural costs if their payment may significantly affect the financial situation of persons who are dependent on a condemned man.
7. Recognizing the guilty on the case of multiple defendants, the Court, taking into account the nature of guilt, responsibility and property of a condemned man, determines to what extent the procedural costs should be recovered from each of them.
8. In cases involving juvenile offences, the Court may impose the payment of procedural costs of the minor's parents or alternates.

9. In a criminal case in which conviction, the Court (judge) made a determination (decision) to give the person the payment of procedural costs (except for procedural costs paid to the translator). The Court or a judge may impose procedural costs of the defendant found guilty, but liberated from the sentence.
10. When the proceedings for conciliation between the victim and the defendant, the Court or judge shall be entitled to recover costs from the procedure of the defendant and the victim or from one of them.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) Article 205. The procedure for the imposition of fines 1. Administrative liability under the present Code, comes and produced: 1) definition of the assignments sitting ètrapskogo (municipal) Court on submission of a body conducting an initial inquiry, an investigator or Prosecutor, if the question of administrative liability arose in the course of an initial inquiry or pre-trial investigation;
2) by a judge or by the decision of the court hearing, if the question of administrative liability occurred when the proceedings in court.
2. the question of administrative liability is resolved by calling the person who may be subjected to administrative liability, but his failure to appear without good reason does not preclude consideration of this issue.
3. a person may be subjected to administrative liability, not later than one month from the date of infraction.
4. a judge who order or the Court that rendered the definition of fine by the guarantor, a person who violates order in a courtroom is entitled to defer and spread out accordingly pursuant to regulations or definitions for a term of up to three months.
 
A SPECIAL PART of the sixth Section. Pre-trial proceedings in a criminal case, Chapter 24. Criminal proceedings Article 206. The obligation to institute criminal proceedings and disclosure of crimes 1. Body conducting an initial inquiry, an investigator, a procurator must order stipulated by this code, shall institute criminal proceedings in the case of the indicia of a crime, to take all measures prescribed by law to establish the circumstances of the crime, the perpetrators of the crimes and their punishment.
2. where there are reasonable grounds for the institution of criminal proceedings, the judge or court initiated a criminal case and sends it to the Prosecutor for investigation.
 
Article 207. Reasons and grounds for initiating criminal proceedings 1. The motives for the commencement of criminal proceedings are: 1) the statements and reports from citizens;
2) institutions, enterprises, organizations, public associations and officials;
3) messages in the mass media;
4) self-denunciation.
2. a criminal case may be brought on the grounds and in the manner stipulated by the present Code, only in cases where there is sufficient evidence to commit the offence, as well as by direct detection of the body conducting the initial inquiry, the investigator, the Procurator, the judge or the Court, evidence of a crime.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) article 208. Statements and reports from citizens about crime 1. Statements and reports from citizens about the crime can be written or oral. The written statement must be signed by the person from whom it emanates.
2. Oral statement and the message about crime, made in the production of investigation or during the trial, paid, respectively, in the record of the investigation or the trial transcript. The report shall be indicated surname, name, patronymic, year of birth and place of birth, place of residence and employment of the applicant or the person reporting the crime, the source of his knowledge about crime and information on his identity documents. If the applicant or the person informs you about the crime, not brought documents proving his identity, other measures must be taken to establish his identity.
3. If the applicant or a person of a crime reporter, has reached the age of 16, he should be warned about responsibility for the false accusation that his signature in the Protocol.
4. Statement and message of the crime and the circumstances under which information about it became known to the applicant or to the person who reported the crime, set out in the Protocol.
5. The minutes shall be signed by the applicant or the person informs you about the crime, and the official who took the statement.
6. the rules referred to in the first, second, fourth and fifth parts of this article, subject to the statement of the offence, the applicant himself dead (confession).
7. Unsigned, signed a fake signature or written on behalf of a fictional person statement or communication may not serve as a pretext for instituting criminal proceedings.
 
Article 209. Communication enterprises, organizations, institutions, public associations, officials, Reports of enterprises, organizations, institutions, public associations, officials should take the form of a management letter or certified mail messages, telegrams, radiograms, telex, electronic document or other adopted form of the message. The message may be accompanied by documents evidencing the message about the crime.
 
Article 210. Messages in the media
 

1. Under messages in the media refers to reports about crimes committed or prepared in print, radio, television, documentary films, as well as previously unpublished way addressed the media.
2. Media, which issued or sent for publication reports of crimes, and the authors of these messages should demand the head of a body conducting an initial inquiry, the investigator, the Procurator, the judge or court to possession of these documents, which is confirmed by the message about the crime.
 
Article 211. 1 self-denunciation. Confession is a voluntary statement about dead them crime when that person has not been the suspicion or accusation of committing this offence.
2. In case of the appearance of guilt the identity appeared and a protocol detailing the statement he has just made. Protocol were signed up and the person who submitted the Protocol. In addition, the rules must be respected, as indicated in parts of the first, second, fourth and fifth article 208 of this code.
3. When summons up, the application refers to the accomplices, the claimant shall be warned about criminal liability for false accusation.
 
Article 212. The discovery of evidence of a crime by officials and bodies empowered to institute criminal proceedings Directly detect evidence of a crime could serve as a basis for instituting criminal proceedings in cases where: 1) in the performance of their official duties, an employee of a body conducting an initial inquiry, the investigator, the Procurator, the judge or court become eyewitnesses to crimes or reveal traces of the crime or immediately after its Commission;
2) body of inquiry or investigator obtains information about a crime while exercising their official functions or with the inquiry in the case of another offence;
3) investigator obtains information about a crime in the investigation of the criminal case on other charges.
4) the Prosecutor obtains information about a crime in supervising compliance with the law or in the investigation of the criminal case on other charges.
5) a judge or court receives information about the offence when considering administrative, civil, or criminal case an arbitration case about another crime.
 
Article 213. Criminal proceedings instituted on the basis of a victim's complaint 1. Criminal offences under articles 111 and 115, part one of article 132 of the Criminal Code of Turkmenistan, are instituted only upon the complaint of the victim or his representative, the sacrifice in accordance with part 2 of article 86 of the present code. For agitated criminal case produced the initial inquiry or pre-trial investigation, after which it is forwarded to the Court for consideration. In the event of a reconciliation between the victim and the accused prior to the removal of the Court to the deliberation room for judgement of the case is to be dismissed.
2. criminal offences stipulated by part one of article 134, articles 137 and 153 of the Criminal Code of Turkmenistan, are instituted only upon the complaint of the victim, but in the case of conciliation between the victim and the accused criminal proceedings shall not be subject to termination.
3. The Prosecutor may initiate proceedings on rape victim without complaining, if it is as a result of physical or mental disability cannot protect their rights.
4. In exceptional cases, if the case of any offence specified in articles 111 and 115, part one of article 132 of the Criminal Code of Turkmenistan, is of particular public importance or if the victim in this case or in the case of the crime stipulated by part one of article 134 of the Criminal Code of Turkmenistan due to the helpless state, depending on the accused or for any other reason unable to defend their rights and legitimate interests the Prosecutor may initiate a criminal case and in the absence of a complaint by the victim. The case, launched by the Prosecutor, shall be transmitted for the production of inquiry or preliminary investigation, and after the end of inquiry or preliminary investigation before the Court in General. Such criminal case ending for reconciliation between the victim and the accused.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) article 214. Mandatory consideration of allegations and reports about crime 1. Body conducting an initial inquiry, the investigator, the Prosecutor, the judge is obliged to accept, register and review the statements and reports of any dead or the impending crime, including business, not subject to review and take a decision thereon within three days from the date of receipt of the application and the message.
2. If necessary, the discovery of additional materials or exit at the scene of the crime check statements or messages is made within a period of not more than ten days, but without the production of investigative actions stipulated by this code.
3. Must be taken all possible measures to prevent or repress the crime.
 
Article 215. Decisions taken as a result of the examination of the application or report a crime
 

1. Sequential statement or message body conducting an initial inquiry, the investigator, the Procurator, the judge or the Court shall make one of the following decisions: 1) instituting criminal proceedings;
2) to dismiss the criminal case;
3) of sending statements or a message forwarded to the investigating authority;
4) of sending supplies for consideration in accordance with the legislation of Turkmenistan.
2. The decision shall be communicated to the applicant.
3. the Prosecutor may also institute criminal proceedings, if required by the protection of State and public interests or the rights of citizens, and send the case for production of inquiry or preliminary investigation.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) Article 216. Order criminal proceedings 1. If there are sufficient grounds for instituting criminal proceedings authority inquiry, an investigator with the permission of the Prosecutor, and the Prosecutor in charge of the criminal case, and a judge of the Court in accordance with the procedure referred to in the second part of article 206 of the present Code, criminal proceedings are instituted. A criminal complaint body conducting an initial inquiry, the investigator, the Prosecutor, the judge ruled, and Court-definition indicating gave for this occasion and reason, articles of the criminal law on the basis of which criminal proceedings are instituted, as well as the body, which is sent to the case for the production of the preliminary investigation, inquiry or proceedings.
2. If you have installed the victim of crimes simultaneously with criminal proceedings, this person is the victim, and if a statement or message about crime civil suit, that person Regulation (definition) is recognized as a civil plaintiff.
3. Simultaneously with criminal proceedings must be taken to curb the continuing and prevention of re-offending, as well as to the conservation and protection of the traces of the crime, objects and documents which may be relevant to the case.
 
Article 217. The initiation of a new criminal case according to the materials of the criminal case pending, a judge or a court investigator 1. If the investigator, judge or court in the manner prescribed by this code, on the production of the materials of the criminal case will establish whether there is sufficient reason to believe that along with the offence contemplated by the accused when he or his absence, related or not related to this case, there are other acts committed by other persons, in respect of each person individually instituted a new criminal case. When the investigator is obliged to comply with the requirements of the first paragraph of article 216 of the criminal code.
2. A criminal case launched on the grounds referred to in the first part of this article is, if it does not impede the full, unbiased, comprehensive study of the circumstances of the original, as well as newly initiated criminal proceedings. The Court, continuing production is still a criminal case sends the newly launched a criminal case into the appropriate Prosecutor's Office to organize the production of the preliminary investigation, but the production is still the criminal case continues.
3. If the criminal case in the manufacture of the investigator or the judge or the Court, sufficient grounds to ensure that along with the crime attributed to the accused, found another offence or not related to the first, but made with the participation of the accused other known or unknown persons investigator for each newly installed individually face criminal proceedings are instituted, is charged in respect of the former accused is brought new charge and produced a preliminary investigation and the judge or court in order to conduct these proceedings, a criminal case will be returned for additional investigation.
4. If a criminal case in the manufacture of the investigator or the judge or court, there are several accused persons or defendants, in addition to one or more that are not involved in the newly instituted criminal proceedings, the criminal procedure against them production continues in the manner prescribed by this code.
5. If due to excessive volume criminal case, pending the investigation, the trial judge or court may unacceptably delayed, provided the requirements of paragraph 2 of this article is permitted to allocate a criminal case against one or more persons involved in the criminal liability, with the suspension of the proceedings.
6. Regarding the institution of criminal proceedings and the provision of it in separate proceedings the investigator and a judge handed down a separate decision, the Court-a separate definition. In the ruling, and the definition must include: 1) grounds for instituting criminal proceedings and provision;
2) against whom, and what events initiated and allocated a criminal case;
3), the relevant article of the criminal law for the committed offence;
4) decision on the direction of the selected cases for further pre-trial investigation, trial judge or court or to its production.

7. To Regulation (definition) attached Inventory allocated to the copies or originals of materials: (definitions) regulations, protocols, documents and physical evidence.
8. the first instance of Regulation (definitions) and its annexed inventory allocated to materials is included in the time allotted to the case, and the second in the main case. A copy of the order (definitions) is sent to the Prosecutor.
9. The allocation and future direction of the new criminal cases shall be notified to the accused, his or her legal representative and counsel, victim, civil plaintiff, civil respondent and their representatives, who participated in the production of the main criminal case.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 218. Refusal to institute criminal proceedings 1. In the absence of grounds for initiating criminal proceedings and under the circumstances precluding the proceedings on the case, the body directing criminal proceedings refuses to institute criminal proceedings. To dismiss the criminal case body conducting an initial inquiry, the investigator, Prosecutor and judge, and the Court ruled-definition.
2. In other cases of refusal to institute criminal proceedings and if there are grounds for bringing to administrative responsibility, the Prosecutor points out in its decision about the direction of the materials collected to the Court for action in the administrative proceedings. The material collected on the basis of the decision of the body conducting an initial inquiry, the investigator, the Procurator and the judge or court shall be sent by administrative action order.
3. To dismiss the criminal case within twenty-four hours shall be notified to the Prosecutor and claims the reporter about the crime or the person, officer, agency, company, organization, Association, when it clarifies the appeal.
4. If the resulting statement, the message data is available for administrative or disciplinary proceedings or otherwise disturbing the peace, the body conducting the preliminary inquiry, the investigator, the Procurator, the judge or court may send the invitation a statement or communication to the public association, labour collective or pass the resulting material to resolve in administrative or disciplinary action.
 
Article 219. Transfer of the application or report a crime on investigative jurisdiction 1. Body or officer authorized to initiate a criminal case is entitled to pass a statement or message about crime on them without the institution of criminal proceedings only in cases where: 1) the offence is committed outside the territorial-administrative units and to address the question of instituting criminal proceedings it is necessary to make the appropriate actions according to the place of Commission of the offence;
2) to address the question of instituting criminal proceedings it is necessary to make the appropriate actions that could be carried out only by a body to investigative jurisdiction which it is related.
2. For transfer statements or messages on them without initiating criminal proceedings within twenty-four hours should be reported to the public prosecutor.
 
Article 220. Direction of the criminal case after his excitement after criminal proceedings: 1) the Prosecutor shall transmit the case to the investigator or body of inquiry for the production of the preliminary investigation or inquiry or the proceeds to the production of the preliminary investigation;
2) the investigator will proceed to the production of the preliminary investigation, notifying the Prosecutor, and the body of inquiry-to production inquiries;
3) head body of Inquiry directs the agent to make an inquiry or initiating production, notifying the Prosecutor;
4) the judge or the court sends the case to the Prosecutor for the production of the preliminary investigation or inquiry.
 
Article 221. The Prosecutor's supervision over the legality of criminal proceedings 1. The Prosecutor supervises the legality of criminal proceedings.
2. If the case was filed by the investigator or body of inquiry without lawful reasons and grounds for his decision, the Prosecutor, nullifies the investigator or body of inquiry, refusing to institute criminal proceedings or terminate the deal if it produced investigative actions.
3. In the case of unfounded refusal to institute criminal proceedings, the Prosecutor of his decision cancels the judgement about this decision of the investigator or body of inquiry and initiated a case in the manner prescribed by article 216 of this code.
4. In the case of criminal prosecution without legal grounds or unreasonable refusal to institute criminal proceedings, the judges or the Court the prosecutor submits recommendation to the judge's ruling or judgment to a higher court in the manner prescribed by this code.
 
Chapter 25. Inquiry and preliminary investigation.
General conditions for the production of the preliminary investigation, Article 222. The organs of inquiry and preliminary investigation 1. Bodies which do inquiries include the authorities referred to in article 76 of this code.
2. the preliminary investigation in criminal cases by investigators of the Prosecutor's Office bodies, internal affairs and national security.
(In the redaction of Laws of Turkmenistan dated December 22, 2012 and March 26, 2016-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 110;, no. 2016 _ calendar _) Article 223. Be bound by the preliminary investigation
 

1. production of preliminary investigation is obligatory in all cases, except for the offences referred to in articles 111, 118, part one of article 132, 138, 157, 160, 209, 221-223, 226, part one of article 229, part one of article 234, part one of article 235, parts 1 and 2 of article 237, 262, 263, part one of article 264 article 265, part one, paragraphs 1 and 2 of article 279 , articles 304, 321, 318-323 of the Criminal Code of Turkmenistan. Preliminary investigation of criminal cases brought under these articles, shall be made, if a suspect of a crime is unknown or they are committed by minors or persons who due to their physical or mental disability cannot exercise their right to a defence, as well as if the Prosecutor and the Court considered mandatory pre-trial proceedings.
2. In cases where any part of the criminal proceedings is necessarily a preliminary inquiry, the matter should be investigated by an investigator within its competence.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) article 224. Investigative jurisdiction 1. In cases involving crimes stipulated in articles 101-106, 120-124, 126-127, 129-131, 134, 136-137, 143-154, 158-159, 161-163, 181-200, 205, 209, 211-213, 219, 223-225, 233, 240, 242, 245-246, 250-253, 255, 257-260, 267-270, 274, 275, 2751, 280-281, 311-317, 3171, 319-320, 324-325, 330-331, 337-359 of the Criminal Code of Turkmenistan, as well as offences committed by public officials, a preliminary investigation by investigators of the Prosecutor's Office bodies.
2. In cases provided for in articles 167-180, 214 (if they are not linked to the smuggling of narcotic drugs or psychotropic substances, intoxicants as well as medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances), 215, 254 (in addition to the smuggling of narcotic drugs or psychotropic substances, intoxicants as well as medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances) , 271-273, 2741, 2742, 276-2771, 283-285, and 332 of the Criminal Code of Turkmenistan, a preliminary investigation by investigators of the national security agencies.
3. In cases referred to in articles 107-119, 125, 128, 132, 135, 138-142, 155-157, 160, 164-166, 207, 208, 214, 2071 (if it is linked to the smuggling of narcotic drugs or psychotropic substances, intoxicants as well as medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances), 216-218, 220-222, 227, 228, 230-232, 234-239, 241, 243-244, 247-249, 254 (smuggling of narcotic drugs or psychotropic substances , stupefying substances and medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances), 256, 261-266, 278-279, 282, 286-310, 318, 321-323, 326-329, 333-3353, criminal code of Turkmenistan, as well as preliminary investigation of all criminal cases, all minors, by investigators of the internal affairs agencies.
4. In cases of crime under article 229 of the Criminal Code of Turkmenistan, the preliminary investigation is made by the body which instituted criminal proceedings. If during the investigation of this criminal case will be installed by crimes against the interests of the public service (article 181-188 of the Criminal Code of Turkmenistan), as well as crimes against the interests of the service in commercial and other organizations (article 267-270 of the Criminal Code of Turkmenistan), associated with the offence for which the proceedings, they are being investigated by the authority filed a criminal case.
5. the offences referred to in articles 201-204, 206, 210 of the Criminal Code of Turkmenistan, the preliminary investigation is made by the body, which was initiated the criminal case, in the case of criminal proceedings by the Court on the same articles-investigators from the internal affairs agencies. If in flagrante delicto criminal case there is evidence involving State secrets, the preliminary investigation by investigators of the national security agencies.
6. Criminal investigation by investigators of the preliminary investigation, which filed it in the order and on the basis of this code.
7. the transfer of cases to them shall not be permitted, except in cases where, in the course of a criminal investigation into circumstances of particular public importance and necessity of continuing investigation by another body. Change body investigation and referral to investigative jurisdiction in accordance with the requirements of this article are permitted only with the written permission of the General Prosecutor of Turkmenistan or his deputies.
8. If disputes arise about investigative jurisdiction of criminal cases they are permitted by the Prosecutor.
(In the redaction of Laws of Turkmenistan dated March 31, December 22, 2012, March 1, 2014 and March 26, 2016-Statements of the Mejlis of Turkmenistan, 2012, no. 1, p. 43;  No. 4, p. 110; 2014 g., no. 1, p. 41; 2016 г. No. _ calendar _) article 225. The place of preliminary investigation 1. The preliminary investigation is carried out at the place of Commission of the offence.

2. in order to provide the greatest speed, completeness and integrity of the preliminary investigation it may be carried out at the place of detection of crime or the onset of its impacts, as well as on the location of the victim, the accused or the majority of witnesses. In these cases, the question of sending cases of crime, the mistake committed in the territory of Turkmenistan, for investigation shall be decided by the Prosecutor of the place where the preliminary investigation was initiated.
3. If necessary, the production of investigative actions in another district, the investigator may make them personally or to entrust the production of these actions to the investigator or body of inquiry of this place. The investigator may entrust the production of investigative actions or investigations authority inquiry according to the place of preliminary investigation. Instructed the investigator to be implemented not later than 10 days.
4. Having found that a certain thing it does not podsledstvenno, the investigator must bring this to the attention of the Prosecutor and, in continuing investigations, complete proceedings. The issue of changing investigative jurisdiction is settled in the manner provided for in article 224 of this code.
 
Article 226. Start of production of preliminary investigation 1. The preliminary investigation is conducted only after a decision to institute criminal proceedings.
2. Having been informed by the Prosecutor or the body of inquiry launched their criminal case, as well as from another investigator's case in the manner prescribed by part of the seventh article 224 of this code, the investigator must immediately begin production of preliminary investigation, making a ruling on the matter to its production.
3. If criminal proceedings are instituted by the investigator himself and takes them to his production, will be a single decree instituting proceedings and taking it to its production.
4. A copy of the decision to initiate proceedings, as well as taking him to his production of an investigator within 24 hours shall send to the Prosecutor.
5. In case of impossibility to ensure comprehensiveness and completeness of investigation within the deadlines established by the part 2 of article 237 of the present Code, the head of the body conducting an initial inquiry shall have the right to refer the case to the Prosecutor to ensure that the preliminary investigation.
6. in the cases contemplated in article 236 of the present Code, an inquiry is made in accordance with the competence established by paragraphs 1 and 2 of article 77 of this code.
7. date of preliminary investigation, certain article 230 of this code, and the timing of the inquiry referred to in article 237 of the present Code shall be calculated from the date of initiation of criminal proceedings.
 
Article 227. General rules for the production of investigative actions 1. The investigator, by involving investigative actions provided for by the law of persons, ascertains their identity, explained them rights and duties, and also acquaints them with the rules of production of investigative action.
2. Investigative activities at night is not permitted, except in urgent cases.
3. When investigative actions may apply technical means and use evidence-based methods for detection, fixing and removal of traces of the crime and the evidence.
4. When the preliminary investigation unacceptable use of violence, threats or other unlawful means, as well as endangering the life and health of persons involved in the investigation.
5. the investigator is entitled to involve in the investigative actions of employees of the authority.
6. In the course of investigative Protocol is conducted in accordance with article 117 of this code.
 
Article 228. Measures to ensure the civil suits and the possible confiscation of property, the investigator must take steps to ensure against or possible be presented in future civil suits and the possible confiscation of property, in accordance with paragraphs 1, 2 and 3 of article 196 of this code.
 
Article 229. Involve the community in solving crimes Producing investigation investigator relies heavily on public assistance for crime detection and tracing of perpetrators, as well as to identify and remedy the causes and conditions contributing to crime.
 
Article 230. Pre-trial investigation 1. Preliminary investigation of criminal cases must be completed no later than two months from the date of initiation of criminal proceedings.
2. the term of preliminary investigation included time from the date of issuance of the order instituting criminal proceedings and before the date of the referral to the Prosecutor of the case to the indictment or order of the Court to consider the question of the imposition of coercive measures of a medical nature, or before the date of the ruling on termination of criminal proceedings.
3. the term of preliminary investigation will not turn on, the time during which preliminary investigation was suspended on the grounds provided by the present code.
4. the term of preliminary investigation established by paragraph 1 of this article may be extended by reasoned decision by the investigator: 1) Procurator of velayat, city with Mashhad and alternates up to six months;

2) in criminal matters particularly difficult-the General Prosecutor of Turkmenistan and his deputies-up to one year; over this period-only by the Prosecutor General of Turkmenistan.
5. A reasoned decision on the extension of the preliminary investigation, the investigator must submit a velayat, city prosecutor from Mashhad and their deputies not later than three days, Prosecutor General of Turkmenistan and his deputies-not later than seven days prior to the expiration of the term of the investigation. If the extension of the investigation, there is a need to extend the period of detention, one regulation on the extension of the investigation and detention.
6. When returning the case for production of additional investigation for which the accused is not in custody, as well as when you resume a paused or suspended the case additional investigation period is set by the Prosecutor overseeing the investigation within one month. This period is calculated on business, returned by the Court for the production of additional investigation, from the moment of receipt of the case to the supervising prosecutor, discontinued and suspended business-since the repeal of the Ordinance on the cessation or suspension of proceedings and resumption of the proceedings. A further extension of the investigation of these cases is done on the grounds indicated in the present code.
 
Article 231. A team of investigators preliminary inquiry 1. A preliminary investigation of the criminal case in the case of its complexity or high volume may be entrusted to the Group of investigators (investigative unit). Indicated in the Decree instituting criminal proceedings or is made a separate decision. This decision has the right to take the head of the Investigations Division. The Ordinance must identify all investigators assigned to the investigation, including the team leader. The suspect, accused, victim, civil plaintiff, civil respondent and their representatives must be acquainted with the regulation on investigation team of investigators, and explained to them the right to withdrawal of any investigator from the group.
2. the investigation team may consist of several bodies, investigators conducting the preliminary investigation. Decision on the establishment of such a group can be taken as instructed the Prosecutor and on the initiative of the chiefs of investigations divisions. Decision shall be formalised by the chiefs for the investigations divisions of the joint decision made in compliance with the requirements specified in paragraph 1 of this article.
 
Article 232. The powers of the head of the investigation team 1. Investigator-the head of the investigation group takes a criminal case to its production, organizes the work of the investigation team, directs the actions of other investigators.
2. Decision on the link or the allocation of cases, termination of the criminal case in whole or in part, suspension or reopening of proceedings, as well as instituting motions to extend the investigation, applied as a preventive measure of detention and their extension will only be accepted by the head of the investigation team.
3. the indictment or order for direction to the Court to consider the question of the imposition of coercive measures of a medical nature shall be drawn up and signed by the head of the investigation team.
4. The head of the investigation group shall have the right to take part in investigative actions conducted by other investigators, and personally conduct investigations.
 
Article 233. The end of the preliminary inquiry, a preliminary inquiry ends up writing the judgement or decision about the direction of the criminal case in court for application of coercive measures of a medical nature, or ruling on the cessation of criminal proceedings with the implementation of the following: 1) direction to the Court together with the indictment;
2) direction to the Court to consider the question of the imposition of coercive measures of a medical nature;
3) cessation of criminal case procedure established by this law.
 
Article 234. Powers of the Prosecutor in carrying out criminal prosecution and supervision of law enforcement bodies of inquiry and preliminary investigation 1. Exercising prosecution and supervision of criminal investigation, the Prosecutor shall have the power: 1 below) to participate in the examination of the scene, to appoint experts as well as perform other acts necessary to address the issue of criminal prosecution;
2) in the manner prescribed by this code, shall institute criminal proceedings or refuse to initiate, give written guidance about investigative actions;
3) in accordance with the procedure stipulated by this code, pass them for criminal cases instituted preliminary investigation;
4) in the cases provided for by law, to authorize or to permit the actions of officials in charge of the preliminary investigation;
5) participate in the manufacture of certain investigative actions;
6) to make a presentation to obtain consent for bringing to justice persons having immunity from criminal prosecution;

7) send the criminal matter received from organs of inquiry and preliminary investigation, the Court for consideration on the merits and appointment proceedings;
8) receive verification from prosecution, criminal cases, documents, materials and other information concerning committed crimes during operatively-search activity, inquiry and investigation;
9) to verify compliance with the law in the reception, registration, settlement of claims and reports on committed or preparing crimes;
10) undo the illegal ruling of the investigator and the investigator, as well as the head of a body of inquiry or investigation department;
11) in cases of incomplete inquiry and investigation, as well as illegalities admitted during the inquest and investigation, return the criminal matter for further investigation or in the order stipulated by the present Code, to terminate the contract fully or in relation to specific individuals;
12) take a criminal case from a body of inquiry or pre-trial investigation authority transfer; regardless of the established this code of investigative jurisdiction in exceptional circumstances, in order to ensure the completeness and objectivity of investigation, on the written request of the preliminary investigation body or on its own initiative, refer a case from one authority to another preliminary investigation in the manner provided for in article 224 of this code;
13) to consider appeals against the actions of an investigator and investigator, inquiry and investigation authorities;
14) when detecting irregularities in the production of an initial inquiry or pretrial investigation, suspend investigator and investigator of the investigation;
15) in cases and by the procedure established by the present Code, extend the time of the preliminary investigation and detention used as a preventive measure;
16) to verify compliance with the order established by the legislation and the conditions of detention of persons in respect of whom as a preventive measure applied detention;
17) to exercise other powers provided by law.
2. the Prosecutor, the investigator, the Chief of the investigation division, the head of a body of inquiry or inspect data in the manner provided by law, are binding, but may be appealed to a higher prosecutor. The appeal received indications a senior procurator does not suspend their execution, except as provided by paragraph 3 of article 74 of this code.
 
Article 235. Inquiry on business, for which a preliminary inquiry is necessarily 1. In identifying the elements of a crime for which a preliminary inquiry is obligatory, interrogation body initiates criminal proceedings and in accordance with the rules of this code produces immediate investigations to detect and securing traces of the crime: inspection, examination, search, seizure, tapping of telephone and other conversations and their entry, seizure, detention and interrogation of suspects, victims and witnesses and, where necessary, shall appoint an examination. About the detected crime and criminal case inquiry must immediately notify the Procurator.
2. In carrying out urgent investigative actions, but not later than ten days from the date of the initiation of criminal proceedings, and in cases of application of preventive measures against the suspect in custody is not later than seven days from the moment of detention authority inquiry is obliged to transfer the criminal case investigator, written notification of the Prosecutor within twenty-four hours.
3. After the transfer of criminal proceedings the Agency carrying out the preliminary inquiry, the investigator may make investigations on it only on the instructions of the investigator. In the case of a transfer to the investigator of the case in which it had not been possible to find a person who has committed a crime, the body conducting the preliminary inquiry is obliged to take investigative measures to identify the perpetrator, an investigator with the notification of the results.
 
Article 236. Inquiry on business, for which a preliminary inquiry is not necessarily 1. In cases where a preliminary inquiry has not necessarily interrogation body excites a criminal case and accepts all the provisions of the code of criminal procedure of Turkmenistan measures to establish the circumstances subject to proof in the case.
2. Inquiry in cases stipulated by part one of article 223 of the present Code shall be carried out in cases where the person suspected of committing an offence, and other circumstances specified in the article.
3. Inquiry in cases where a preliminary inquiry does not necessarily end writing the judgement or issuance in accordance with this code, order dismissing the case. Material inquiry along with the indictment shall be transmitted to the Prosecutor.
4. If one of the grounds provided for in article 313 of the present Code, the body conducting the preliminary inquiry ceases case motivated the Decree, a copy of which is sent to a procurator within 24 hours.
5. If one of the grounds provided for in Article 308 of this code, the body conducting an initial inquiry shall suspend the proceedings on the case, by Decree, a copy of which is sent to a procurator within 24 hours.

6. In cases where a preliminary inquiry is not necessarily material inquiry constitute grounds for trial.
7. Inquiry into these cases is performed according to the rules established by the present code for the preliminary investigation, in accordance with the characteristics laid down in the relevant articles of this chapter, with the following exceptions: 1) an injured party, the civil plaintiff, the civil defendant or their representatives at the end of the inquest is not acquainted with the materials of the case, and they only declared about finishing the inquiry and referral to the Prosecutor;
2. bodies of inquiry on) is not subject to the rules established by article 74, paragraph 3 of the present code. If you do not agree with the instructions of the Prosecutor inquiry may appeal their senior procurator does not suspend the execution of your instructions.
8. In the course of the inquiry in cases where the preliminary investigation does not necessarily suspected of committing a crime may be detained in the manner prescribed by article 140 of this code, and it can be remanded in accordance with article 146 of the criminal code.
 
Article 237. Duration of the inquiry 1. In cases where a preliminary inquiry optional, inquiry and immediate investigations should be completed not later than ten days from the date of the initiation of proceedings. If the suspect is remanded in custody, the case shall be referred to the investigator not later than seven days from the moment of detention.
2. In cases where the preliminary inquiry does not necessarily, the inquiry must be completed not later than one month from the date of the initiation of criminal proceedings, including the drafting of the indictment or ruling on the cessation or suspension of the case.
3. the period of inquiry, established by the second part of this article may be extended by the Prosecutor, directly supervising the production of an investigation but not more than one month. A further extension of the inquiry shall be made in the manner prescribed by article 230 of this code.
 
Article 238. Circumstances to be proved in the course of the inquiry in the course of the inquiry, in accordance with article 126 of this code shall be subject to proof: the offence, the person committing the Act, prohibited the criminal law, the guilt of the person, the nature and extent of the damage and other circumstances relevant to the case.
 
Article 239. Preparation of the indictment and referral to the Prosecutor for the Court to conduct an inquiry at the end of the inquiry is in accordance with the requirements of articles 322-324 of this code, the indictment and transmits the case to the Prosecutor for referral to the Court.
 
Article 240. Powers of the Prosecutor with the inquiry on business, for which a preliminary inquiry is not necessarily to supervise over the implementation of laws when the inquiry in respect of which a preliminary inquiry is not required, the Prosecutor has the authority, established by the present code. In addition, he shall have the right to: 1) to send the criminal case in the Court for the appointment of the trial of the accused;
2) to send the criminal case to the inquiry, for the production of the preliminary investigation;
3) to terminate criminal proceedings on the grounds and in the manner prescribed by this code.
 
Article 241. The ruling made in the course of the preliminary investigation 1. During the preliminary investigation the investigator in accordance with this code of any procedural decision rule. The Ordinance shall specify the place and time of its compilation, post title, rank or special rank the investigator, his surname, initials, cause to consequence, essence and rationale for the decision, as well as article of this code on the basis of which the ruling.
2. the decision shall be signed by the investigator. In cases stipulated by the given code, the Decree declares the relevant stakeholders explaining them to order the appeal of actions of the investigator.
 
Article 242. View to prevent the causes and conditions contributing to the perpetration of crimes and other violations of the law 1. In the production of the initial inquiry, pre-trial investigation and trial of the criminal case of body conducting an initial inquiry, the investigator, the Prosecutor, the judge and the Court must identify the causes and conditions conducive to the perpetration of crimes and other violations of the law.
2. Body conducting an initial inquiry, the investigator, the Prosecutor, setting causes and conditions conducive to the perpetration of crimes and other violations of law to appropriate State organ, public organization and official representation on the adoption of measures to eliminate these causes and violations of the law.
3. not later than within one month of the submission of the necessary measures should be taken and the results communicated to the authority issuing the view.
4. Abandonment without consideration of the submission or failure to remedy the violations of law officials were prosecuted in accordance with the legislation of Turkmenistan.
 
Article 243. Inadmissibility of divulging data inquiry and preliminary investigation
 

1. inquiry and preliminary investigation Data not subject to disclosure. They may be disclosed only with the permission of the investigator or person conducting the initial inquiry, the Prosecutor in the volume in which they are recognized is possible if it is not contrary to the interests of the investigation and is not connected with violation of rights and lawful interests of other persons.
2. Investigator and investigator warned counsel, witnesses, victim, civil plaintiff, civil respondent or their representatives, expert, specialist, witnesses and other persons present at the investigation, on the inadmissibility of divulging information without their permission, available in case something from those persons shown in the subscription with a warning about responsibility, under article 204 of the Criminal Code of Turkmenistan.
 
Chapter 26. Prosecution as accused Article 244. Prosecution charges 1. If there is sufficient evidence, giving rise to the presentation of individual charges under articles on the basis of which he was a criminal case, the investigator shall make a reasoned decision about bringing that person to criminal prosecution as accused.
2. the investigator shall notify the accused on the day of the indictment and simultaneously explains to him the right to invite a lawyer or to ask the investigator about the participation of a lawyer.
3. In cases where, in accordance with the rules of the present Code, the participation of counsel in prosecution is necessary, a preliminary investigator shall take measures to ensure the person's appearance, if a lawyer is not invited to the accused himself, his legal representative or other persons on his behalf or with his consent.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) Article 245. A ruling on prosecution as accused 1. In a ruling on prosecution as the accused must be specified: 1) time and place of the Ordinance who compiled, surname, name and patronymic of the person called to criminal liability as a defendant, date, month, year and place of his birth;
2) description of the incriminating offences the defendant, indicating the time, place, or other circumstances to be proved in accordance with article 126 of this code;
3) article, the part of paragraph criminal law prescribing liability for the offence;
4) by conviction of an accused in several crimes in the decreeing of prosecution as a defendant must be stated what specific actions are imputable to the defendant on each of the articles of the criminal law.
2. the decision shall also include a decision on calling the person criminally responsible for the case under investigation as a suspect.
3. A copy of the order within twenty-four hours after it had been handed down shall be sent to the Prosecutor.
 
Article 246. Be bound by the appearance of the accused 1. An accused person held in freedom, is called in for questioning on the agenda. The agenda can be transferred via the means of communication in writing.
2. The agenda should indicate who is called as a defendant, where and to whom, time attendance, as well as the consequences of failure to appear without good reason.
3. The agenda shall be served on the defendant against signature, and in case of his temporary absence for the transfer of the accused is awarded to an adult family member, or a close relative is transferred in the operating organization or authority, who must pass the summons to the accused.
4. an accused person under the age of sixteen years, usually called through the parents or other legal representatives, or through the administration of the place of study or work.
5. the accused located at large shall present himself when summoned by a preliminary investigator. About the change of his place of residence and work, he must inform the investigator.
6. A legitimate reason defendant on-call investigator are: 1) disease, which deprives the accused the opportunity to appear;
2) death of a close relative;
3) natural disasters;
4) untimely presentation of agenda;
5) other factual circumstances, deprive the accused the opportunity to appear at the appointed time.
7. On the causes of failure to appear at the appointed time the accused is obliged to notify the investigator.
8. In case of failure to appear without good reason, the accused may be detained. Arrest warrant accused the investigator shall order. Drive on the instructions of the investigator produced bodies of inquiry or the Interior, which declare the accused the ruling.
9. drive without first calling the accused can be applied only in those cases where the accused absconds from investigation or has no fixed abode.
10. drive the accused cannot take place at night, except in urgent cases.
11. An accused person held in custody is called through the administration of places of detention.
 
Article 247. 1 arraignment. The indictment should be followed by no later than two days from the day a ruling on prosecution as accused. In case of non-appearance of the accused on the charges must be charged on the day of the accused appears or is brought before the Court.

2. charge Period is interrupted if the accused fled from the investigation, and it is presented on the day of his drive to the investigation.
3. the investigator, if satisfied of the identity of the accused declares him the decision about prosecution charges and explains the nature of the charges, what is marked in this ruling, as well as explains the accused of his rights and obligations under article 80 of this code, which shall be drawn up.
4. These actions shall be certified by the signature of the accused, an investigator and a lawyer (if he participated in the prosecution) in order for prosecution as accused. It must also indicate the date and time of the arraignment.
5. in case of refusal of the accused from the signing of the investigator and counsel shall certify on the specified ruling that accused the text of the decision is announced and the investigator shall notify the Prosecutor.
 
Article 248. Changes and additions to charge 1. If during the preliminary investigation have reason to change the charges or to supplement it, the investigator must in compliance with the requirements of article 244 of the present code to make a new ruling on the prosecution as accused and present it to the defendant in the manner prescribed by articles 247 and 256 of this code and question the accused on the changed or amended charges.
2. If during the preliminary investigation, part of the accusation has not been confirmed in its judgement, the investigator terminates criminal prosecution in this part of the accusation and announces to the accused.
 
Article 249. Order the suspension of the accused from Office 1. Order the suspension of the accused from Office shall be carried out in accordance with article 167 of this code.
2. When an officer criminally prosecuted as an accused an investigator if necessary removal of the accused from Office shall make a reasoned decision about that subject to authorization by the Prosecutor.
 
Chapter 27. Interrogation and confrontation Article 250. How to call in for questioning 1. The witness, the victim, and also the freedom of the suspect, the accused called for questioning agenda. Subpoena will be given against the person to be questioned, and if there is someone from the adult family members, neighbors, representatives of local executive bodies and local governments or through the administration of their place of work or study. The person subject to interrogation, can be caused by using means of communication.
2. The agenda indicates who and in what capacity is called, to whom and to what address, time of appearance for questioning (day, hour), as well as the consequences of failure to appear without good reason.
3. Calling a person who has not attained the age of 16, made through his or her parents or other legal representatives, as well as the administration of the place of study or work. Their challenge in a different order is allowed only when the circumstances of the case so require.
4. a suspect and the accused in custody are called in for questioning through the administration of the place of detention.
 
Article 251. Place and time of questioning 1. The interrogation is made at the place of preliminary investigation. The investigator may also, if it considers it appropriate, make an interrogation at the location of the person being interrogated.
2. Except in urgent cases, the questioning could not be carried out at night.
3. the interrogation may not last continuously for more than four hours. Continued questioning allowed after a break of not less than one hour, but the duration of questioning during the day should not exceed eight hours.
4. When questioning the patient questioning is determined on the basis of the opinion of the doctor.
 
Article 252. General rules for the production of questioning 1. Before the interrogation the investigator shall ascertain the identity of the person being interrogated. If there are doubts whether the questioned language in which the proceedings underway, it turns out, what language he wishes to testify.
2. The person called for questioning, according to the capacity, in which case he would be questioned, explained the rights and obligations stipulated by this code, which is is marked in the Protocol.
3. the interrogation begins with the sentence, explain the circumstances of the case, the famous vitiated. If the subject is talking about circumstances that are clearly irrelevant, it should be indicated.
4. at the end of the free audio story can be asked questions to clarify and supplement the testimony. Ask questions in the case is prohibited.
5. If the readings are associated with digital data or other information that are difficult to keep in the memory, the latter is entitled to use the documents and records that on request or with the consent of the person being questioned can be attached to the Protocol.
6. in the course of the interrogation the investigator can submit audio material evidence and documents after the testimony read out testimony that are available in the materials of the criminal case, play audio and video.

7. silent Interrogation or blind witnesses, victims, suspects, accused persons is carried out with the participation of a person who understands his characters and is able to communicate with him. Participation of the person in the interrogation is reflected in the Protocol.
8. In cases where there is a need to clarify or supplement earlier testimony on circumstances of the investigated cases may be repeated or further questioning.
9. If the person under investigation or any other grave mental illnesses his interrogation is carried out with the authorization of a physician and in his presence.
 
Article 253. The questioning of the witness and the victim 1. Witnesses, victims, caused by one criminal case, were interrogated separately from other witnesses and victims. The investigator should take measures to ensure that witnesses and victims, caused in one case could not communicate with each other prior to the interrogation.
2. Before the interrogation the investigator determines the ratio of witness, victim to the suspect or accused, explained them procedural rights and obligations, warned about criminal liability for knowingly giving false testimony or refusal to testify, which is reflected in the Protocol and shall be certified by the signatures of the witness, the victim. In doing so, the investigator must explain to the witness and the victim that, in accordance with article 25 of the present Code, they have the right to refuse to testify against himself, husband (wife) or close relatives.
 
Article 254. Especially questioning juvenile witnesses and victims 1. When questioning a witness or a victim under the age of fourteen years is called educator, and during the interrogation of witnesses aged 14 to 16 years, at the discretion of the investigator, may also be called teacher. In case of need, called also by their legal representatives or close relatives.
2. Witnesses and victims who have not attained the age of 16, on liability for perjury and for refusal to testify was not warned. They explained only their obligation to give truthful testimony.
3. The person present during the interrogation of a witness or a victim under the age of fourteen years, explains the right to do to be included in the record of the observations regarding the violation of the rights and legitimate interests of persons under interrogation, as well as with the permission of the investigator, the person asking the questions. The investigator is entitled to withdraw the question, but the Protocol should specify the reason for the objection.
 
Article 255. 1 interrogation of the suspect. The questioning of a suspect shall be made immediately upon his detention or declare him ruling on the application of the preventive measure.
2. If the suspect was arrested or taken into custody, his testimony he has the right to present with the participation of a lawyer. If you cannot immediately provide a lawyer to conduct an inquiry, an investigator and Prosecutor are obliged to ensure that its participation not later than within twenty-four hours after the arrest of a suspect or of taking him into custody.
3. Before the beginning of the interrogation the investigator informs the suspect the essence of suspicion, as well as explains to him the rights and obligations provided for in article 79 of the present Code, which shall be drawn up.
4. the interrogation begins with the sentence the suspect to testify about the circumstances which, in his opinion, may be of relevance to the case.
5. for the rest, the questioning of a suspect shall be effected according to the rules prescribed by this code for the interrogation of the accused.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. 4, p. 58) article 256. Interrogation of the accused 1. Interrogation of the accused, the investigator must conduct not later than twenty-four hours after charge, and in the case of the deliberate absence of an accused or his investigation immediately after his arraignment and detention in accordance with the procedure stipulated by this code.
2. in the course of the interrogation the investigator, explaining the essence of the charge to the accused, whether he admits looks guilty either partially or completely denies guilt in the charges against him. If the accused does not give an answer, it is believed that he pleaded not guilty.
3. Once you know the attitude of the accused to the charges, the investigator invited him to testify about the accusation and other circumstances which may be relevant to the case. In case of refusal of the accused to testify about this is marked in the Protocol of his interrogation.
4. the accused caused by one and the same case, were interrogated separately, and the investigator shall take measures that they cannot communicate with each other.
5. When an accused minor, at the discretion of the investigator may participate, and educator.
6. the participation of defence counsel is obligatory in cases stipulated in article 82 of this code.
 
Article 257. The interrogation Protocol 1. The progress and results of the questioning shall be reflected in the Protocol, drawn up in compliance with the requirements of article 117 of this code. The readings are written in the first person and possibly literally. If necessary, set audio questions and answers in the Protocol written in the sequence, which took place during the interrogation. The Protocol should reflect those issues that have been withdrawn or on which the investigator refused to answer the latter, indicating the motive the disqualification or refusal.

2. the Protocol the first interrogation specifies the time of the beginning and end of the questioning, the person questioned identity, including: name, surname, date and place of birth, citizenship, nationality, education, marital status, place of work and position, place of residence and other information required on the case. In the Protocol of the interrogation of a suspect or accused person indicate the presence or absence of a criminal record before. In the minutes of the subsequent interrogation of the identity of the person being interrogated, if they have not changed, may be limited to indicating his name, first name and patronymic.
3. Presentation of physical evidence and documents, disclosure protocols and playback of audio and video recordings, as well as evidence questioned in connection therewith, shall be included in the Protocol.
4. Being interrogated during the investigation may be made blueprints, drawings, and more, which are attached to the Protocol, as it is marked.
5. After free story subject may present their testimony himself. After presenting evidence to pursue any interrogator investigator may ask clarifying questions and complementary.
6. at the end of the interrogation Protocol is presented to the person reading or withheld at his request by the investigator. Requirements of the interrogated should be made to the Protocol supplementing and clarifying the enforceable.
7. The correctness of entries in the interrogation report and review it certified his signature being interrogated at the end of the Protocol. The interrogator put a signature at the end of each page also Protocol. In case of refusal of the person under investigation to sign a protocol the investigator shall ascertain the reasons for the refusal, puts it on record and assured his signature Protocol.
8. In the case of interrogation of a person who because of physical disability or other reasons prevented from personally sign the Protocol, it shall satisfy itself in accordance with the procedure referred to in parts of the third and fourth article 119 of this code.
9. If the questioning involved translator, it also signs at the end of each page and the Protocol as a whole. They signed and translation handwritten testimony being questioned.
10. The Protocol shall include all persons who participated in the interrogation and each of them should sign the Protocol.
 
Article 258. Identification 1. The investigator conducts confrontation between two previously interrogated persons if their testimony there are significant contradictions, to determine the reasons for these differences.
2. The confrontation in cases stipulated by this code, there may be a lawyer, a teacher, a doctor, an interpreter and a legal representative of a person under investigation.
3. At the beginning of the confrontation, the investigator said, know whether a person is held between them, confronted each other, and in what ways they are interconnected.
4. The parade order to testify about the circumstances of the persons subject to disclosure shall be determined by the investigator. Then the investigator asks questions. The person caused by the confrontation, with the permission of the investigator may ask questions of each other, as noted in the Protocol.
5. during the confrontation, the investigator may present evidence and documents, priobŝënnye to the case 6. Testimony given by participants face-to-face at previous interrogations permitted after their testimony on the confrontation and entering them in the Protocol.
7. If the confrontation involved a witness and victim, they should be warned of the liability for refusal to give testimony and for knowingly giving false testimony that indicated in the Protocol.
8. The progress and results of the confrontation are reflected in the Protocol, drawn up in accordance with article 117 of this code.
9. the investigator introduces participants to confrontation with the contents of the Protocol. Interrogated persons may require amendment of the Protocol of amendments and additions. Minutes shall be signed by the persons interrogated and investigator. Each doprošennoe person signs their testimonies and each page of the Protocol separately.
 
Chapter 28. Examination, the exhumation and examination of Article 259. Inspection 1. To detect and identify traces of the crime and other physical evidence, investigate the accident, as well as other circumstances relevant to the case, the investigator produces scene, terrain, facilities, items, documents, and corpses.
2. In cases not Brooking scene can be made prior to the initiation of criminal proceedings. In these cases, if you have to reason in an order stipulated by this code, criminal proceedings are instituted immediately after an inspection of the scene.
 
Article 260. General rules for inspection of production 1. Inspection is carried out in the daytime, except in urgent cases.
2. the investigator, obtaining a statement or message about crime, the investigation of which requires inspection, shall immediately be on the scene of events and make an inspection.
3. in case of impossibility of the timely arrival of the investigator is obligated to make inspection investigator or senior employee of a body conducting an initial inquiry, where the statement or message.

4. bodies of inquiry Officers are required to assist in the production of examination and, upon instructions of the investigator to conduct the necessary activities for the protection of the scene, eyewitness identification, tracing and apprehending the perpetrators of the crime, casualty evacuation, transport fatalities, combat continued and the prevention of re-offending and the Elimination of other consequences of the accident.
5. inspection is carried out with participation of witnesses. In exceptional cases, IE: hard-to-reach areas, where finding witnesses is extremely difficult in the absence of adequate means of communication, because of other reasons not possible to attract persons as witnesses, as well as in cases where an examination of the risk to human life and health, the inspection may be carried out without the participation of witnesses, but using the usual , technical means of fixing its progress and results.
6. If necessary, the examination shall be held with the participation of the suspect, accused, victim, witness, as well as specialist.
7. inspection discovered traces and other material objects is carried out at the place of production of the investigation. If the long time required for inspection or examination in situ detection significantly hampered, items should be removed, packed, sealed, without damaging them delivered at some other time convenient to explore the place.
8. All discovered and confiscated during the examination of evidence must be understood, the other participants in the inspection, as is marked in the Protocol.
9. Removal of only those objects that may be relevant to the case. The seized items are packaged, sealed and certified by signatures of the investigators and witnesses.
10. Persons participating in the inspection, may bring to the attention of investigators in all that, in their opinion, could contribute to the clarification of the circumstances of the case.
11. in necessary cases to inspect plans and schemes an items, measurements, as well as photography, video recording and capturing other means what is marked in the Protocol. These materials are attached to the Protocol.
12. When inspecting residential premises shall be ensured by the presence of at least one adult person living in it. In case of impossibility to ensure the presence of none of the adults living in the residential premises, are attended by representatives of local authorities and local self-government.
13. Inspection of the premises and on the territory of any of the organizations is carried out in the presence of a representative of their administration.
14. inspection in premises occupied by the diplomatic missions, as well as in areas inhabited by members of diplomatic missions and members of their families shall be made at the request or with the consent of the head of a diplomatic mission; in his absence, the inspection may be carried out at the request or with the consent of the person, his replacement, in accordance with the requirements of article 525 of the present code.
15. If for any reason the first inspection have not been investigated the details of the subject, can be made of their complementary examination.
16. Additional inspection of the same subject can be made in the following cases: 1) when the terms of the initial inspection were unfavorable for effective perception of the subject matter;
2) when, after initial examination may be obtained new information;
3) If an initial inspection performed poorly.
 
Article 261. Inspection and storage of exhibits 1. Items found when inspecting the scene, premises, search, seizure, carrying out investigation experiment and seized in the production of other investigative activities, as well as on-demand investigator organizations and citizens, are subject to inspection in accordance with the requirements of article 260 of this code. After exploring these subjects admit material evidence in accordance with the rules of article 130 of the present code.
2. recognition of subject material evidence and admit it to the case, the investigator shall order. In the same ruling should be resolved the issue of abandonment of material evidence in the case or surrender it to the store owner or other persons or organizations.
3. If the subjects due to their bulkiness or other reasons cannot be stored in the criminal case, they must be sealed by means of a photographic or video, if possible, sealed and stored in a place specified by the investigator. The case can be priobŝën sample evidence. About the location of the material evidence in the case must have the appropriate help.
4. Exhibits, perishable, if they cannot be returned to the owner, are the appropriate organization for its intended use or to implement making received the amounts on deposit body in charge of the criminal proceedings. If there are reasons they are reimbursed to the owner of the objects of the same kind and quality, or the latter paid the price.
5. cash, precious metals, stones and other objects that represent the physical, cultural, historical, antique value, be transferred for storage in the order established by the legislation of Turkmenistan.

6. When charges in accordance with this code, the organs of initial inquiry, the investigator or inquiry from one organ to another body conducting an initial inquiry, an investigator, or from one another, as well as in the direction of the Affairs of a procurator or a court evidence in the packed and sealed with an application inventory to them containing title and individualizing their signs are transmitted together with the case, except provided by paragraphs third, fourth and fifth of this article.
7. in case of termination of a criminal case under investigation the issue of exhibits shall be resolved according to the rules of article 130 of the present code.
 
Article 262. Retention of evidence 1. Evidence is stored before the entry of judgment in force on or before the expiration of the appeal decision or determination to dismiss the case.
2. In cases where there is a dispute about the right to things that are material evidence, these things are stored prior to the entry into force of the court verdict, handed down on the dispute in civil proceedings.
3. written evidence, priobŝënnye the case is stored during the whole period of storage case.
 
Article 263. Examination of the corpse of 1. External examination of the corpse to the place of its discovery is performed by the investigator in the presence of witnesses with the mandatory participation of a specialist in forensic medicine, and in case of impossibility of his participation-a doctor. For inspection of the corpse can also include other specialists.
2. In the case of a supplementary or additional inspection of the corpse part of doctor-specialist in the field of forensic medicine is necessary.
3. Corpse is subject to compulsory photographing or videotaping and fingerprinting.
4. External examination of the corpse is not a substitute for and does not exclude subsequent examination.
5. Applications of identification of the deceased, made in the course of the inspection body, shall be placed on the record of this investigation with the subsequent interrogation as a witness identification evidence, that does not preclude further presentation of corpse identification with others.
 
Article 264. Exhumation of 1. Retrieving the corpse of burial places (the exhumation), if you want to: 1) inspect the corpse, including additional or repeated;
2) present for identification;
3) make an examination.
2. The exhumation conducted a substantiated ruling by the investigator.
3. Execution of exhumations is obligatory for the person in charge of the place of burial and the relatives of the deceased.
4. The exhumation is done with the mandatory participation of witnesses and a specialist in forensic medicine.
5. Identification and examination of the corpse, obtaining samples for expert studies can be performed in place of exhumation. In this case, the data received from the investigation, and their sequence are recorded in the General Protocol on the exhumation of the corpse.
6. If the investigations referred to in paragraph 5 of this article, are conducted elsewhere, it shall be prepared by a separate protocol.
7. following the exhumation of the corpse can be delivered in a medical institution to conduct other research.
8. burial of a corpse after exhumation and subsequent proceedings shall be made by the responsible person of the place of burial in the presence of the person or body to which regulation corpse was exhumed. Burying the corpse they wish can attend relatives of the deceased.
9. Bodies of inquiry are obliged to assist the investigator in an exhumation.
 
Article 265. Examination 1. The investigator is entitled to make an examination of a suspect, accused, witness or victim to establish on their body of evidence of an offence or special, as well as the physical condition of those persons, if there is no need for expertise.
2. About carrying out examination of a suspect, accused person, the investigator shall order, required to perform them. Compulsory examination of a victim and witness is made with the approval of the Prosecutor.
3. The inspection is performed by an investigator with the participation of a physician or other specialist, and in case of impossibility of their participation in the presence of witnesses.
4. where is the investigative action is accompanied by exposing osvidetel′stvuemogo person, inspection shall be conducted in the presence of witnesses of the same sex.
5. If necessary, make an examination of persons of the opposite sex, if the survey is accompanied by a naked human body, the investigator shall not be present when the male osvidetel′stvovani female and male female investigator. In this case, the examination is performed by a doctor or a specialist in the field of forensic medicine in the presence of witnesses.
6. When the examination is not permitted actions, degrading, or dangerous to the health of the person osvidetel′stvuemogo.
 
Article 266. An inspection protocol, exhumation, examination 1. On the production inspection, exhumation, examination of the investigator is the Protocol in accordance with the requirements of article 117 of this code.

2. the Protocol covers all actions of the investigator, as well as all detected during inspection, the exhumation and examination of the sequence in which these investigations were carried out, and in the form in which the detected was observed in the time of the inspection, the exhumation and examination. In the protocol list and describe all the objects seized during an inspection, the exhumation, examination.
3. the Protocol, moreover, must be specified: 1) at what time at what the weather and light conditions were inspected, exhumation, examination;
2) what technical means were applied and what results have been obtained;
3) who was involved in the production of these investigations, and what it meant;
4) what objects sealed and some seal;
5) where sent after the examination of the corpse or objects relevant to the case.
 
Chapter 29. Presentation for identification of Article 267. Presentation for identification 1. If necessary, the investigator may present a person or object for identification witness, victim, suspect or accused. Identification may also be brought by the corpse.
2. Opoznaûŝie previously questioned about the circumstances in which they watched a person or thing, and the superstitions and features on which they can make an identification.
 
Article 268. Order parade 1. The person whose identification is made are opoznaûŝemu together with other persons, including at least three, including recognizable, without sharp differences in appearance, age and clothing. Before the presentation of the identification of opoznavaemomu person is invited to take any position among the qualifications of persons, mentioned in the Protocol.
2. in cases of natural disasters and other cases with a significant number of victims filing of corpse identification can be performed in total number of fatalities, in other cases the corpse shall be presented for identification in the singular.
3. the subject shall be made in a group of other uniform items. The Group placed on persons or things if possible photographed.
4. In case of impossibility of the presentation of the person identification can be made on his picture required simultaneously with photos of other persons in the amount of not less than three.
5. If a person or object is presented for the identification of the witness, the victim, they warned of the liability for refusal to give testimony and for knowingly giving false testimony that indicated in the Protocol and shall be certified by the signature of a witness or a victim.
6. Opoznaûŝemu is invited to indicate the person or thing to which he testified.
7. If opoznaûŝij pointed out one of the charges against him of persons or one of the subjects, it is invited to explain how the beliefs or characteristics he learned the person or object. Ask leading questions is prohibited.
8. Presentation for identification shall be conducted in the presence of witnesses.
 
Article 269. Protocol 1 line-up. The presentation of the identification of a person or item and its results shall be drawn up, indicating the identity of opoznaûŝego, on persons and objects made for identification opoznaûŝemu, detailing the will and signs it was identification.
2. the Protocol shall be signed by all the persons involved in the production of identification, witnesses and an investigator. Photographs are attached to the Protocol, unless the person or goods presented for identification, were photographed.
 
Chapter 30. Search, seizure, seizure of property Article 270. Grounds for search in premises of citizens 1. Grounds for the search are the existence of sufficient evidence to believe that in any premises or place, or by any person are gun crimes, items, and the value of the proceeds of crime, as well as other items, or documents that might be relevant to the case and it is only by reasoned decision by the investigator and the issuance of the approval of a procurator or his Deputy.
2. A search warrant can be executed and to locate wanted persons and corpses.
 
Article 271. Seizure of items needed for criminal proceedings 1. In case of need to remove certain objects and documents relevant to the case, and if you know exactly where and from whom they are, the investigator produces a notch.
2. Seizure of documents containing information constituting a State secret shall be made only with the approval of the Prosecutor and in the manner agreed with the heads of relevant agencies.
3. The seizure is made by reasoned decision by the investigator.
 
Article 272. A personal search 1. Personal search shall be made by a person of the same sex as the person searched and in the presence of witnesses of the same sex, in accordance with the rules provided for by articles 274 and 278 of this code.
2. Body searches without making separate orders about what can be done: 1) at the time of their arrest or detention;
2) when there are sufficient grounds to believe that a person in a room or other place in which the search or seizure, hides in possession of items or documents that might be relevant to the case.
 
Article 273. Search order in premises of citizens and the seizure of items needed for a criminal case
 

1. Search in premises of citizens and seizure of items needed for a criminal case, at night, except in urgent cases, it is not allowed. Getting started with search of residential premises or seizure of items needed for a criminal case, the investigator must submit the appropriate order in this Ordinance. Where necessary, to participate in the search or seizure of documents required for a criminal case, the investigator may cause a corresponding specialist.
2. in the course of dredging after the ruling of the investigator proposes giving out items or documents subject to confiscation, and in case of refusal, this produces a notch.
3. in search of residential premises after the ruling of the investigator proposes voluntarily to surrender instruments, objects and values, the proceeds of crime, as well as other items, or documents that might be relevant to the case. If they are issued voluntarily and there is no reason to fear hiding wanted items and documents, the investigator has the right to confine the exemption issued and not to carry out further searches.
4. in search of living quarters and seizure of items needed for the case, the investigator has the right to open locked spaces and storage, if the owner refuses to voluntarily open their, while the investigator should not need to be invoked to avoid damage to any objects.
5. the investigator may prohibit persons in obyskivaemom room, and any other persons visiting it, leave it, and also communicate with each other or other persons before the end of the search.
6. in necessary cases in search of residential premises can be made photographing and video recording.
 
Article 274. Inadmissibility of divulging personal life circumstances during a search of the premises, seizure and personal searches of persons, search premises, seizure of items needed for a criminal case, or personal search, the investigator must ensure that had not been disclosed the circumstances encountered when personal lives exposed to body searches and searched their premises, irrelevant.
 
Article 275. Persons present during the search and seizure of items necessary for criminal proceedings 1. In search of residential premises or seizure of items needed for a criminal case, necessarily the presence of witnesses.
2. During a search of residential premises and seizure of items needed for a criminal case, should be ensured by the presence of the person from which the search or seizure, or adult family members. In case of impossibility of their presence are invited representatives of housing organisation, run by the local authorities.
3. When the search and seizure of items necessary for criminal proceedings, may be present, with the permission of the investigator, the suspect, the accused and the victim.
4. Individuals who have produced a search or seizure, understood, representatives must be explained to them the right to be present in all actions of the investigator and give these action statements to be included in the Protocol.
 
Article 276. Removal of items during a search of residential premises and seizure of items necessary for criminal proceedings 1. In order to ensure a civil action or execution of confiscation possible sentence in search of residential premises and seizure of items needed for a criminal case may be removed objects and documents relevant to the case, as well as the values and the property of the defendant.
2. Should also be seized during a search of detected items that are forbidden by law to the treatment, regardless of their relationship to the case.
3. all documents and objects seized must be made understood and other persons who are present and are listed in the Protocol search or seizure of items needed for a criminal case or in a separate inventory of attached to it, with an indication of their number, measures, weights, the material from which they are made, and other special characteristics and their approximate value. The objects and documents seized in the case of necessity must be packed and sealed at the place of the search or seizure of items needed for a criminal case.
 
Article 277. Seizure of property 1. In order to ensure a civil action or possible confiscation of property, the investigator must distrain the property of the accused, the suspect or the persons legally responsible for their actions, or other persons whose property acquired by criminal means.
2. Seizure of property can be produced simultaneously with search or notch items needed for a criminal case, or on its own.
3. Seizure of property is carried out according to the rules laid down in articles 273, 275 and 276 of the present code.
4. property seized, at the discretion of the investigator is sent to storage housing organisation or representative of the local authorities, or a relative of the owner of the property, or to another person.
5. From persons who deposited assets, shown in the subscription of responsibility for illegal actions against the property arrested under article 206 of the Criminal Code of Turkmenistan.

6. the arrest cannot be imposed on property necessary for the accused or persons dependent on him. A list of the property is determined by the legislation of Turkmenistan.
 
Article 278. Protocol search of residential premises, seizure of objects, seizure of property 1. Residential property search protocol and seizure of items needed for a criminal case, seizure of property shall contain the following: reason to search, seizure, seizure of property; persons present during the production of this action; actions of the investigator; the results of the search and seizure of items needed for a criminal case. In respect of each subject to forfeiture of the subject must be specified, whether it was issued voluntarily or forcibly removed, where and under what circumstances.
2. In the case of a separate inventory of seized items, inventory is presented for reading the persons present during the search and seizure of items needed for a criminal case, signed by all those present and the investigator. An inventory attached to the Protocol.
3. the Protocol is drawn up in two copies and signed by all the persons present at the conduct of the investigation.
4. If during a search of residential premises, seizure of items needed for a criminal case, seizure occurred attempting to destroy or hide objects and documents or facts of violation of the order by the unfettered use or other persons, the Protocol should contain a reference to this and to the action taken by the investigator.
 
Article 279. Search, seizure of items needed for a criminal case, and the seizure in the premises 1. Search, seizure of items needed for a criminal case, and the seizure in the premises, employed by institutions, enterprises, organizations, produced in the presence of a representative of the institutions, enterprises and organizations.
2. procedural actions specified in paragraph 1 of this article shall be made in accordance with the requirements of articles 271 and 278 of this code.
 
Article 280. Presentation of Protocol search residential and Office premises, seizure of items needed for a criminal case, seizure of property 1. The second instance of Protocol search of residential premises, seizure of items needed for a criminal case, seizure of property is handed a receipt to the person from whom was searched, seizure or seizure of property, and in its absence-adult family member or representative housing organisation.
2. If the search, seizure of items needed for a criminal case, or seizure were made in the Office premises belonging to an institution, enterprise or organization, the second instance of the Protocol is awarded against the official concerned.
 
Chapter 31. The seizure of correspondence and the interception of communications, article 281. The seizure of correspondence 1. If there are sufficient grounds to believe that letters, telegrams, radiograms, parcels, packages, mail and other correspondence may contain information, documents, and objects relevant to the case, only motivated by the resolution of the investigator or the investigator, the Procurator or the decision of the Court may be seized and made their seizure.
2. The arrest, examination and seizure of mail and correspondence investigator or investigator shall make a reasoned decision. The Ordinance must be specified: 1) the name of the institution which has the duty to apprehend mailings;
2) name, surname, address, mail which are subject to detention;
3) kind of mail and correspondence, the period for which the arrest is effected.
3. following authorization by a prosecutor or investigator investigator sends a copy of the ruling to the head of the relevant institution context. Head of agency communications, received the Decree, must delay the appropriate postage, mail and immediately notify the Inquirer or investigator.
4. inspection, seizure and removal of the copies with detainees correspondence or mailings are made by the investigator or the establishment of a connection with the participation of witnesses. Where necessary, to participate in the production of inspection and seizure or copying investigator or investigator may call the appropriate practitioner as well as an interpreter. In each case, the inspection of correspondence or postal items shall be drawn up. The Protocol stipulates, by whom, and what kind of correspondence mail have been subjected to inspection, copied and sent to the addressee or detained for a period defined by an officer or investigator.
5. arrest of correspondence or mailings shall be repealed by the regulation of the initial inquiry, investigator or Prosecutor, when there is no need in this measure, but in any case no later than the end of the investigation.
 
Article 282. Interception of communications 1. The interception of communications by telephone and radio, as well as other technical means, including the use of computer technology and e-mail, is made on the basis of the decision of an investigator or investigator authorized by the Prosecutor.

2. the decision of the investigator, the Procurator shall be sent for execution to the authority conducting operatively-search activity.
3. communications, computer information and e-mail information obtained by interception, an expert on the relevant recording technology and media and handed to the investigator or the investigator.
 
Article 283. Listening to and recording telephone and other conversations 1. The initial inquiry or the investigator on agitated criminal case has the right to produce listening and recording of negotiations with phones and other intercommunication systems of a suspect, accused person or other persons involved.
2. When there is a threat of violence, extortion or other illegal actions against the victim, the witness or their family members on the application of either of those persons with their consent may be listening to and recording of negotiations with their phones or other radios.
3. listening to and recording can be done on the order of an investigator or the investigator only with the consent of the Procurator and continue within the deadlines established for the investigation of this criminal case, but a total of not more than six months.
4. the order must be specified as follows: 1) the criminal case and the reasons for the investigation;
2) name, surname, home address or telephone number of the workplace and of persons subject to negotiation and listening to sound recordings, over what period of time;
3) name of the authority entrusted with the technical implementation of listening and recording of talks.
5. Ruling on listening to and recording telephone and other conversations is forwarded to the appropriate authority for execution.
 
Article 284. The procedure for listening to and recording telephone and other conversations 1. Listening to and recording the talks passed by telephone and radio, as well as other technical means, including the use of computer technology and electronic mail, other radios of a suspect, accused person or other persons involved, the investigator may perform alone or entrust its production body of inquiry.
2. The investigative action may be carried out with the participation of an invited expert, in the manner provided for in article 97 of the present code.
3. participants listening and recording the talks warned on liability for disclosure of information, which they have become known. When listening to and recording the presence of witnesses, not necessarily negotiations.
4. in all cases, listening and recording Protocol, where an indication of the following: 1) time and place of the investigation;
2) types of used equipment;
3) information about individuals who carried out these acts;
4) summary of electronic media, sound track of negotiations pertaining to the case.
5. To conduct an inquiry or the investigator, receiving electronic storage media, tape with phonogram, in the presence of witnesses make its inspection, during which listens for sound recording, verifies that the processing and storage, what is the Protocol.
6. electronic media, phonogram listening negotiations under seal, are attached to the criminal case as evidence, provided that in the course of listening and recording requirements of the law have been strictly adhered to. Part of the recording that has no relationship to the criminal case, destroyed after entry of judgment enforceable.
 
Chapter 32. Check the readings on the spot.
Investigative experiment Article 285. Data validation in place 1. Checking and refining the earlier testimony of a suspect, accused person, victim or witness in place associated with the event under investigation is to: 1) identify credibility by comparing them with the incident;
2) refine the route and places where committed verifiable actions;
3) establishment of new evidence, finding human corpse, exhibits.
2. validation and refinement testimonies on site are as follows: 1) formerly doprošennoe person plays on the spot the situation and circumstances of the investigated event;
2) finds and specifies the objects, documents, traces that are relevant to the case;
3) demonstrates how certain actions;
4) shows what the role of the waveforms played those or other subjects;
5) drew attention to changes in the environment of the place of the event;
6) concretizes and clarifies his previous testimony.
Any interference in these actions and questions are not allowed.
3. verification and refinement testimonies on site are made in the presence of witnesses, where appropriate-with the participation of a specialist.
4. Not allowed simultaneous verification and refinement testimonies on site.
5. checking and refinement testimonies begin with proposals examined voluntarily specify the route and the place where his testimony will be checked. After the presentation of evidence and demonstrate certain actions a person whose testimony is validated, questions may be asked. This person, as well as other participants in the proceedings have the right to demand further questioning in connection with the ongoing investigation activity.

6. Taking appropriate action is allowed, provided that they do not degrade and are not dangerous to the health of persons participating in them.
7. Are discovered during the testing and refining of indications in situ objects and documents that may have probative value in a case removed, packed and sealed, the fact of their seizure is reflected in the Protocol.
8. Where necessary, the verification and refinement testimonies on site measurements, photographs, sound and video recording, plans and schemes. Use the verification and refinement testimonies on site audio/video is made according to the rules set forth in article 118 of this code.
9. On production testing and refining evidence on site shall be drawn up in compliance with the requirements of article 117 of this code. In detail in the Protocol reflected the conditions, course and results of the validation and refinement testimonies on site.
 
Article 286. Investigative experiment 1. In order to validate and refine the information that is relevant to the case, the investigator is empowered to remand an experiment by playing certain actions, or other circumstances of the investigated events and make the necessary experienced action. In the production of the experiment can be verified, in particular, the possibility of perceiving any facts, conduct, of the occurrence of any event, and also revealed the sequence of events occurred and formation mechanism of traces.
2. the participation of witnesses in investigative experiment is required. If necessary, to participate in the investigative experiment may be used with their consent of the suspect, accused, victim, witness, specialist, expert and experienced persons conducting actions. The participants explained its purpose and procedure for holding.
3. carrying out investigation experiment is allowed if it excludes danger for the life and health of participating and others are not harmed their honor and not humiliated their dignity, they have not caused material damage.
4. Investigative experiment shall be carried out in the conditions most close to the order in which repeatable events or actions.
5. in necessary cases, investigative experiment produced photography, sound and video recordings, apply scientific and technological means, plans and drawings.
6. About carrying out investigation experiment Protocol is drawn up in compliance with the requirements of article 117 of this code. The Protocol set out in detail the conditions, course and results of investigation experiment and indicate the following: 1) for what purpose, when, where and in what conditions produced an investigative experiment;
2) what specifically meant playing environment and circumstances of the event;
3) what action sequence in which, by whom, and how many times were produced;
4) what results have been obtained.
 
Chapter 33. Examination of Article 287. Appointment of examination expertise shall be ordered in cases where production of the initial inquiry, pre-trial investigation and at the trial requires special knowledge in science, technology, art, craft and other areas. The existence of such knowledge of other persons involved in criminal proceedings, shall not relieve the person leading the criminal process from the need, where appropriate, to appoint experts.
 
Article 288. Mandatory examination Appointment and production expertise required, if in the case you need to install: 1) cause of death, the nature and gravity of the harm caused to health;
2) the age of the suspect, accused person, victim or when it is relevant to the case, and documents about the age are missing or questionable;
3) mental or physical condition of a suspect, accused person, when there is doubt about their sanity or ability to defend their rights and legitimate interests of criminal proceedings;
4) mental or physical condition of a victim, a witness in cases where there is doubt in their ability to correctly perceive the circumstances relevant to the case, and to give testimony about them.
 
Article 289. The procedure of appointment of the examination 1. Recognizing the necessary appointment of examination, the investigator shall make on this ruling. The Ordinance must specify: 1) grounds for the appointment of the examination;
2) objects sent for examination, where and when, under what circumstances they found and removed;
3) other materials and objects available to the expert;
4) contained in the information, which may be based the conclusions of the expert;
5) questions posed to the expert;
6) name of expert institution or person to which the NAB examination.
2. the decision on the appointment of the investigator expertise necessary for execution of authorities or persons to whom it is addressed, and within their competence.
3. In cases where a decision to institute criminal proceedings cannot without production expertise, it can be assigned to the institution of criminal proceedings for obtaining acts research.
4. the acts of studies, audits, opinions of departmental inspections as well as documents on the results of research conducted by specialists in the proceedings does not preclude the appointment of the examination on the same issues.

5. examination may be appointed at the initiative of the participants in the process of protecting their or their rights and interests. These individuals are in writing the investigator issues on which, in their view, should be given to the opinion of the expert, the point of the study, as well as objects referred to the individual (s), which may be invited as an expert. When the investigator may not refuse to appoint the examination, except when issues presented to her permissions apply to criminal proceedings or do not fall within the competence of the expert.
6. a person, which is appointed by the examination may present as an expert study items, and documents. The investigator is entitled motivated decree exclude them from among themselves.
7. Having considered the issues presented, the investigator shall reject those that are not relevant to the case or the competence of the expert, investigates whether there are grounds for disqualification of expert, and then decide on the appointment of the examination in accordance with the requirements referred to in paragraph 1 of this article.
8. reimbursement of costs associated with the production of examination, as well as the remuneration of the expert shall be made according to the rules of Chapter 22 of this code.
 
9. The Investigator General expertise provides the expert delivery of a suspect, accused person, victim or witness, if deemed necessary, the presence of these persons during the examination.
 
Article 290. Persons who may be charged with manufacturing expertise 1. Production expertise can be entrusted to experts of expert institution or other persons who meet the requirements referred to in article 95 of the present code.
2. production of examination may be entrusted to one of the persons proposed by the participants in the process.
3. the requirement of an investigator about calling a person entrusted with the production expertise necessary for the head of the organization where the person works.
 
Article 291. Rights of the suspect, accused, victim or witness at the time of appointment and production expertise 1. In the appointment of the examination and its production of a suspect or accused person shall have the right to: 1) prior to the examination to familiarize themselves with the Ordinance on her appointment and receive an explanation of their rights (record);
2) claim a certain drainage expert or a request for suspension of the production of expert institutions;
3) apply for appointment as an expert referred to them, as well as the examination by the Commission of experts;
4) apply for registration before the expert further questions or clarification of goals;
5) with the permission of the investigator be present during the production of examination, to give explanations to the expert;
6) acquainted with the expert opinion or message about not being able to give a conclusion after his admission to the investigator to submit additional documents to submit their comments, to petition to question expert designation of additional or repeated examination and conduct new examinations.
2. The listed rights are also the victim, witness, subjected to examination, and the person whose production is subject to coercive measures of a medical nature if it allows his mental state.
3. If the examination was held before the recognition of a person suspected of or prosecution as accused, the investigator must acquaint it with the decision on appointment of the examination with expert opinion and explain to him his rights and obligations listed in paragraph 1 of this article.
4. examination of the victims and witnesses are made only with their written consent. If these persons are not of legal age or recognized them incapable, written consent to the carrying out of examination is given by their legal representatives. This right does not apply to examination in cases stipulated by article 288 of this code.
5. In the case of a petition, declared persons referred to in paragraphs one and two of this section, the magistrate, respectively, modifies or supplements his Decree on the appointment of the examination. In case of refusal to satisfy the motions he makes a ruling that is declared against the person who claimed the petition.
 
Article 292. Production expertise expert institution 1. When you order the examination the expert agency investigator sends the Decree on the appointment of the examination and the necessary material to the head of the institution.
2. the Chief expert agency organizes production expertise, sets the terms of its production within certain laws, supervises the quality conduct expert study and preservation of objects of examination. At the end of the examination sends the opinion of the expert, the submitted materials and objects of the person appointed.
3. the head of the expert agencies cannot give expert guidance that prejudge the outcome of the study and the content of the opinion.
 
Article 293. The production of expert examination
 

1. If the examination is expected to entrust to a non-expert, expert institutions, investigator pending her appointment shall ascertain the identity of the person to whom he intends to entrust the examination of his competence to examine its relationship with the suspect, accused, victim, by a person subjected to expertise, and other participants in the process and see if there are grounds to carry out expert.
2. the investigator shall order appointing examiner, presents his expert, explained to him the rights and obligations provided for in article 96 of this code, and warned about criminal responsibility for obviously falsified findings. On the implementation of these actions, the investigator makes a mark in the Decree on the appointment of the examination, which verifies the signature of the expert. Motion expert attached to the case. To reject the application of the expert examination, appointer shall make a reasoned decision.
 
Article 294. Placement in a medical institution for the production of examination 1. If you are assigning or forensic medical or forensic psychiatric inpatient monitoring is necessary, the suspect, the accused, the victim, the witness may be placed in a medical institution, as indicated in the Decree on the appointment of the examination. The victim, the witness may be placed in a medical institution only with his/her written consent, except as provided for in article 288 of this code.
2. forced placement in a medical institution for the production of forensic medical and forensic psychiatric examination of the suspect or accused, not detained, as well as victim and witness is permitted only by decision of a court or with the sanction of a procurator.
3. When placing the suspect in a medical institution for an inpatient forensic psychiatric examination time limit within which he must be charged to obtain a conclusion breaks Commission experts on the mental state of the suspect.
4. During their stay in a medical institution is counted into the period of police custody.
 
Article 295. Objects of examination 1. Objects of examination may be evidence, documents, the body and the State of the human psyche, corpses, animals, samples for expert studies as well as related to the subject of the examination of the information contained in the materials of the criminal case.
2. The validity and admissibility of expert study objects ensures the body, the author of the review.
3. objects of expert study if their dimensions and properties are passed to allow an expert in packaged and sealed. In other cases the appointer examination must deliver expert to location of objects of study, unhindered access and conditions necessary to conduct a study.
4. the objects of an expert study is carried out in accordance with the rules of seizure, initiation to case, storage and destruction of physical evidence, stipulated by the present code.
 
Article 296. Sole and Commission examination 1. Production examination is carried out by an expert alone or by the Commission of experts.
2. the examination Commission shall be appointed in cases of necessity produce complex expert studies and conducted several experts of one specialty.
3. For the production of forensic psychiatric assessment on sanity is assigned at least three experts.
4. Members of the Commission jointly analyse the results and come to a common conclusion, finally signed by either the message that it is impossible to give an opinion. In case of disagreements between experts each of them or part of the experts is a separate opinion or expert opinion which is at variance with the findings of other members of the Commission, formulates it in custody separately.
5. the decision of the investigator on production Commission examination necessary for the head of expert institutions. Head of the expert agencies may independently decide to Commission the examination materials and organize its production.
 
Article 297. Due diligence 1. Due diligence be applied when to establish the circumstances that has value for business, research is needed on the basis of different disciplines and experts from various fields within its competence.
2. at the conclusion of a comprehensive examination must be specified, which studies how much spent every expert and what conclusions he came. Each expert shall sign the part, which contains the conducted study.
3. On the basis of the results of studies conducted by each of the experts, they formulated the General conclusion (conclusions) of it, in order to determine which examination was appointed. The overall conclusion (conclusions) formulate and sign only experts competent in evaluating the results. If the final withdrawal of the Commission or its parts are facts established by one expert (individual experts), then this should be stated in the conclusion.

4. In the event of a disagreement between the experts of the research results shall be made in accordance with part of the fourth article 296 of the criminal code.
5. Organization of production of due diligence entrusted to expert agency, rests on its head. Head of expert institutions may also decide about her holding on in accordance with the decision of investigator due diligence materials and organize its production.
 
Article 298. Expert opinion 1. After the production of the necessary studies, taking into account their results (experts) on its own behalf is written opinion, certifies his signature and seal, directs the General examination. In the case of the examination the expert agency signature expert (s) shall be certified by the seal of the Agency.
2. In the opinion of the expert shall include: 1) when, where, and by whom (surname, name, patronymic name, education, qualification, professional experience, scientific degree and academic status, position) on what basis made examination;
2) mark, certified by the signature of the expert that he warned about criminal responsibility for obviously falsified findings;
3) questions posed to the expert;
4) who were present in the production expertise and what gave explanations;
5) what are the materials of the criminal case of the expert used;
6) what objects were subjected to exploration;
7) which studies produced, what methods are applied and to what extent they are reliable;
8) answers to the questions.
3. If in the course of the expert examination will establish the circumstances relevant to the case, about which no questions were asked, it may specify them in my opinion.
4. Conclusion must contain a justification for the inability to answer some or all of the issues raised, if the circumstances referred to in Article 299 of the present Code, identified in the study.
5. To conclude the remaining must be made after the study objects, including samples, as well as fototablicy, charts, tables and other materials, confirming the conclusions of the expert. Application to the conclusion shall be signed by the expert (s).
 
Article 299. The message that it is impossible to give an opinion if the expert to undertake a study confirms that its questions are beyond its expertise or materials submitted to it are unsuitable or insufficient to give opinions and may not be filled in, or the State of science and expert practice not to answer the questions posed, it is reasoned message that it is impossible to give an opinion and sends it to the authority or person , instituted the examination.
 
Article 300. Questioning of the expert 1. If the expert's opinion was not sufficiently clear, has flaws, for which additional research is not required, or there is a need to clarify the applied methods and expert terms, the investigator has the right to cross-examine the expert on these circumstances with a view to obtaining clarification and additions to part of the prison. The expert may present their answers himself. The interrogation expert shall be drawn up in compliance with the requirements of article 117 of this code.
2. the interrogation expert before submitting them is not allowed.
 
Article 301. Presentation of the conclusions of the expert the suspect, accused, victim and witness 1. Expert opinion or his message that it is impossible to give an opinion, as well as the interrogation expert before the end of the preliminary investigation shall be presented to the suspect, the accused, the victim, as well as witness, subjected to examination, who may give their explanations and objection on the conclusions of the examination. In the case of acceptance or rejection of such a request, the investigator will make an appropriate decision, which declares against the person who claimed the petition. Expert opinion presented to the suspect, the accused, the victim and the witness at the time determined by the investigator.
2. Disclosure of persons referred to in paragraph 1 of this article, with the conclusion of expert and record of his interrogation Protocol, which reflected their statements or objections.
3. the rules of the present article shall also apply in cases where the examination has been made to attract criminal responsibility as a defendant or suspect or his victims.
 
Article 302. Production of additional and repeated examinations 1. Additional expertise is assigned when the lack of clarity or completeness of opinion, as well as the emergence of new issues in relation to the previously examined circumstances.
2. production of additional expertise may be entrusted to the same or another expert.
3. Re-examination is assigned to study the same objects and address the same issues in cases of unfounded conclusions or doubts about its accuracy.
4. the decision on the appointment of the re-examination must be the motives of disagreement with the results of the previous examination.

5. production of re-examination may be entrusted to another expert or a Commission of experts. The experts who conducted the previous examination, may be present during the production of re-examination and give the Commission explanations, but in the expert study and formulation of the opinions they do not participate.
6. When you order the production of additional and repeated examinations expert (experts) must be submitted by the conclusion of the previous examinations.
7. additional and repeated examination are assigned and carried out in compliance with the requirements of articles 287, 289-299 of this code.
 
Chapter 34. Obtaining samples for comparative study of Article 303. Grounds for obtaining of samples for comparative study 1. The investigator is entitled to obtain samples, display the properties of a living person, the corpse, animal, objects and substances for comparative study, if their research is relevant to the case.
2. On receipt of the samples for comparative study, the investigator shall render a reasoned decision, which should, inter alia, the following: 1), a person who will receive the samples;
2) person (Organization), which samples should be obtained;
3) what and how many samples should be obtained;
4) when and to whom should be the person to obtain samples from him;
5) when and to whom should be submitted after receipt of the samples.
3. Where necessary, the withdrawal of samples for comparative study is made by an investigator with the participation of a specialist. If you need samples for comparative research can get, and if it does not violate the rights of other stakeholders.
 
Article 304. Types of samples for comparative study 1. As samples for comparative studies can be obtained: 1) blood, semen, hair, trimming nails;
2) saliva, sweat and other selection;
3) prints of the skin pattern, casts of teeth;
4) ink sites, products, and other materials reflecting human skills;
5) phonogram;
6) samples of goods, raw materials, finished products;
7) samples of cartridges of bullets, traces of shells and other mechanisms;
8) other substances and articles.
2. it is prohibited to receive samples in a way that threatens the health and life of humans.
 
Article 305. Persons entitled to receive samples for comparative study of the right to obtain samples for comparative studies are: 1) the interrogator;
2) investigator;
3) expert;
4) specialist with the participation of the investigator and the investigator;
5) specialist in judicial proceedings.
 
Article 306. Persons can be obtained samples for comparative study 1. Samples for comparative research can be obtained from a suspect, accused, victim, as well as by the person in respect of which the production is subject to coercive measures of a medical nature.
2. If there is sufficient evidence that traces at the scene or on physical evidence could be submitted by another person, samples for comparative research can be received and the person.
 
Article 307. The procedure of obtaining samples for comparative study 1. Investigator calls for yourself or the person comes to the place where it is located. Introduces his paintings with the regulation on obtaining samples for comparative study, explains it, specialist, understood their rights and duties.
2. the investigator personally and, in the case of an invitation, with the participation of a specialist and in the presence of witnesses produces the necessary actions and gets samples. In addition to documents, samples for comparative study are packaged and sealed.
3. the investigator is a protocol that describes all the actions taken to obtain samples, in the same sequence in which they were used in the methods and technical means, as well as samples. Attached to the Protocol received samples for comparative research in the packed and sealed.
 
Chapter 35. Suspension and resumption of the preliminary investigation, Article 308. Grounds for suspension of the preliminary investigation in the case 1. Preliminary investigation suspended: 1) in the case where the accused went into hiding from investigation and court or when for other reasons not set his seat;
2) in the event of a temporary mental or other serious illness of the accused, certified in the manner prescribed by law;
3) in the event of failure of the perpetrator.
2. If one of the circumstances, the investigator shall make a reasoned decision on the suspension of the preliminary investigation. A copy of the order within twenty-four hours shall be sent to the Prosecutor.
3. Preliminary investigation on grounds provided for by paragraphs 1 and 3 of the first paragraph of this article, shall be suspended until after the expiration of his production.
4. On the grounds specified in paragraphs 1 and 2 of the first paragraph of this article, the preliminary investigation may be suspended only after the drafting of a regulation on attracting investigator a person criminally liable as an accused and the execution of all investigative actions, which may, in the absence of the accused.
5. Preliminary investigation shall be suspended on the grounds specified in paragraph 3 of the first paragraph of this article, only after all necessary and possible investigative steps for establishing the perpetrator.

6. If the case involved two or more of the accused and the reasons for the suspension of the case are not all defendants, the investigator is entitled to allocate and suspend action against individual accused or suspend production throughout the case.
7. production to be terminated in case the paused after the Statute of limitations stipulated in article 74 of the Criminal Code of Turkmenistan.
 
Article 309. Actions of the investigator after the suspension of the preliminary investigation 1. Suspending the preliminary investigation, the investigator must in writing inform the victim, his/her representative, civil plaintiff, civil respondent or their representatives and, at the same time explain the decision to suspend the preliminary investigation and appeals to the Procurator.
2. After the suspension of the preliminary investigation the investigator takes through the organs of initial inquiry or action towards the establishment of a suspect, accused person, establishing his whereabouts and if he escaped, taking steps to his search.
3. conduct investigative actions in the case prohibited production paused, except as provided by paragraph 2 of article 311 of the criminal code.
 
Article 310. The announcement of the investigation of the accused 1. Before the expiration of the time limit set for the production of the preliminary investigation, the investigator must take all the necessary measures to establish the whereabouts of the accused.
2. If obscurity of the location of the accused an investigator takes steps to his search. The investigator has the right to declare wanted only the person in respect of whom a decision about bringing him to criminal liability as a defendant.
3. If there are grounds specified in articles 146 and 148 of the present Code, the investigator may elect in respect of the measure sought.
4. In the cases and in accordance with article 154 of this code, an investigator with the sanction of the public prosecutor may elect a preventive measure in the form of detention.
5. search can be declared during the preliminary investigation, and concurrently with his suspension.
 
Article 311. Measures taken to establish the person to be brought to criminal responsibility 1. After the suspension of the preliminary investigation on the grounds provided for in paragraphs 1 and 3 of the first paragraph of article 308 of this code, the investigator through the organs of inquiry must take measures to search for the hiding person subject to prosecution, establish its seat.
2. To identify and detect the person subject to prosecution, the investigator has the right to make the necessary investigations.
 
Article 312. Resumption of preliminary investigation of the case 1 paused. Preliminary investigation on paused case can be reopened by Decree the following investigators reasoned circumstances: 1) when justifying suspension of the preliminary investigation;
2) if necessary, the Commission of investigation which can be implemented without the participation of the suspect or the accused.
2. the preliminary investigation in a criminal case may be reopened by the Decree of the Prosecutor in connection with the cancellation of an order of a preliminary investigator to suspend the case.
3. On the resumption of the preliminary investigation, the investigator must advise the Prosecutor, the accused and counsel, as well as the victim, his/her representative, civil plaintiff, civil respondent, their representatives.
 
Chapter 36. Termination of criminal proceedings Article 313. Grounds for termination of criminal proceedings 1. To conduct an inquiry, an investigator, a Prosecutor has the right to terminate criminal proceedings during the preliminary investigation, in accordance with the grounds provided for by part one of article 31 and article 33, paragraph 2 of the present code.
2. Proceedings shall be terminated for the innocence of the suspect or accused to commit an offence, if exhausted all possibilities for gathering evidence of the participation of the suspect or accused of committing a crime or proved their failure to act.
3. If the case involved several suspects, the accused, and the reasons for the cessation of the case are not all a suspect, an accused person, the investigator shall terminate the proceedings against individual suspects and accused.
4. Upon termination of the criminal proceedings against the suspect, a preventive measure, the accused, as well as measures to ensure civil suits and the possible confiscation of property are discarded. Question about material evidence is permitted in accordance with article 130 of the present code.
 
Article 314. Order terminating criminal proceedings 1. Criminal proceedings in the course of the preliminary investigation with the permission of the Prosecutor, may be terminated by a reasoned decision of the initial inquiry, investigator or the Prosecutor's decision.

2. the decision shall specify the time and place of its preparation, name, surname and position of the person conducting the initial inquiry, the investigator, the reasons and grounds for the institution of proceedings, the results of the investigation provide data on individuals suspected or accused in the case of an offence, stating the grounds for the termination of a case, the articles of this Code that are referenced in the proceedings, as well as on the abolition of the measure to abolish property , correspondence, listening to and recording of telephone and other conversations, the decision about the exhibits, appealing this decision.
3. Close the case allowed bodies of inquiry, the investigator, with the permission of the Prosecutor on grounds specified in paragraphs 1-3, 5-7 and 9-10 the first part of article 31 and the second part of article 33 of the present code.
4. in the event of termination of criminal proceedings on the basis of the second part of article 313 of the present code for the innocence of the suspect or the accused to commit an offence to conduct an inquiry, an investigator, a procurator must take all measures prescribed by law to rehabilitate a person, compensation for harm caused as a result of unlawful arrest and detention.
5. On the termination of criminal proceedings shall be notified in writing of the suspect, the accused, their lawyers, victim, civil plaintiff, civil respondent and their representatives, as well as the person or organization on the application or communication which the case was filed. A copy of the order on termination of criminal proceedings shall be sent to the Prosecutor.
6. If the investigation of facts requiring public measures or disciplinary measures of administrative penalty in respect of a person engaged as an accused or other persons, the investigator of the prosecutor suspends the criminal case, bring these facts to the attention of the public association, or labour collective administration institutions, enterprises and organizations to take appropriate measures or shall send the materials to the appropriate authorities for the application of measures of administrative penalty.
 
Article 315. The end of the preliminary investigation in cases of insane and persons afflicted with mental illness after the crime 1. At the end of the preliminary investigation, the investigator shall rule: 1) on the cessation of criminal proceedings in cases stipulated in article 313 of the present Code, or in cases where the nature of the committed socially dangerous acts and his mental state for a person who commits the Act, does not represent a danger to society, with the sanction of the public prosecutor;
2) to send the case to the Court-in establishing the basis for applying to a person who has committed a socially dangerous act, the coercive measures of a medical nature.
2. In the decreeing of sending the case to the Court shall be set out all the circumstances of the case, set the pre-trial investigation and Court the basis for applying coercive measures of a medical nature.
3. the decision together with the case shall be sent to the Prosecutor, who with the consent with the decision sends the case to the Court, and in case of disagreement-returns the case for the production of further investigation.
4. In the absence of grounds for application of coercive measures of a medical nature with the approval of the Prosecutor of the case is terminated.
5. Upon termination of the proceedings in accordance with this code, when the nature of the offense of a socially dangerous act and his mental state for a person who commits the Act, does not represent a danger to the public, but is insane, the investigator or the Prosecutor reported to local health authorities.
 
Article 316. Resumption of terminated cases 1. The Prosecutor may, by Decree, if there are grounds to cancel the investigator's ruling on termination of the criminal case and to resume the proceedings on the case.
2. If the case is terminated pursuant to paragraph 4 of article 31 of the present code and within one year from the date of application of Amnesty Act a person in respect of whom the amnesty was applied to commit new intentional crime, the Prosecutor shall, by Decree, resumes proceedings on the case. Reopening an not terminated case is allowed in cases when it is provided by an act of amnesty. In such cases subject to unification and inquiry in accordance with the requirements of this code.
3. resumption of production on prekraŝënnomu case can occur only if the Statute of limitations has expired attract criminal responsibility.
4. On the resumption of the proceedings shall be notified in writing of the suspect, the accused, their lawyers, the victim and his/her representative, civil plaintiffs and civil defendant or their representatives, as well as the person or organization on the application or communication which proceedings were instituted.
 
Chapter 37. Preparation of the indictment and the direction of the criminal case in court Article 317. Announcement of the completion of the preliminary investigation the case formed the Procurator with an indictment
 

1. Recognizing that all investigations of the case have been met, and the evidence gathered are sufficient to indict, the investigator must announce this accused, explain to him the right to become acquainted with all the materials of the case personally or by counsel, and to submit petitions submitted preliminary investigation or in the case of other decisions. Declaring the accused about the end of the investigation and clarification of its rights shall be drawn up in compliance with the requirements of article 117 of this code.
2. On completion of the investigation and on the rights to get acquainted with the materials of the case and to submit petitions, the investigator must notify the lawyer of the accused if he is involved in the case as well as the victim and his/her representative, civil plaintiff, civil respondent and their representatives.
3. If counsel for the accused or representative of a victim, civil plaintiff, civil respondent for valid reasons may not appear at the scheduled time to study the case, the investigator shall defer examination in a period not exceeding five days. In case of no-show lawyer or representative within that period, and the investigator shall take measures for the appearance of another lawyer or representative.
 
Article 318. Acquaintance of the victim, civil plaintiff, civil respondent and their representatives with the case materials 1. In the case of an oral or written request of the victim, civil plaintiff, civil respondent investigator introduces the victims, plaintiffs and their representatives with the materials of the case, and the civil defendant or his representative, the materials of the case related to the declared suit. If preliminary investigation applied videography or sound recording, they reproduced the victim on his or her application.
2. inspection of material is carried out in the manner provided for in article 319 of the criminal code.
 
Article 319. Acquaintance of the accused and his counsel with all case materials 1. Recognizing the evidence sufficient to indict and completing the requirements of article 318 of this code, the investigator declares to the accused that the investigation of his case was finished and that he has the right to become acquainted with all the materials, either personally or by counsel, as well as for applying the preliminary investigation for this add-on.
2. In cases where the accused or his legal representative applying for calling a lawyer to participate in reading of all the evidence in the case or when such participation of a lawyer is mandatory, as well as in cases, when the lawyer involved in the case in accordance with this code, the investigator makes all the materials of the case to the accused and his counsel. With this presentation of case materials for consultation should be deferred until the appearance of the lawyer, but no more than five days.
3. If it is impossible for the lawyer chosen by the accused to appear within the specified period, the investigator shall arrange to call another lawyer. If the accused did not desire to have counsel, he himself shall be presented to familiarize all the materials of the case.
4. All the materials of the case shall be presented to the accused and his counsel to podšitom and numbered form.
5. If in the course of preliminary investigation applied video recording or audio recording, they are reproduced to the accused and his counsel. At the request of the accused and his counsel have the right to allow the investigator to get acquainted with the materials of the case separately.
6. If the case involved multiple defendants, each of them shall be presented to all the materials of the case.
7. When you have completed this walkthrough, the accused and his lawyer with the materials of the case, the investigator must specify whether they applied investigation and add-on than it is.
8. the accused are entitled to be acquainted with the materials of the case to write out the necessary information.
9. the accused and his counsel may be limited in the time required for them to become familiar with all the evidence in the case. However, if the accused person and his counsel clearly prolong acquaintance with the materials of the case, the investigator has the right to its motivated decree, approved by the Attorney General, set the default duration for familiarization with the materials of the case.
10. When declaring a minor about the end of the preliminary investigation and reporting him for consultation documents should be admitted by the legal representative of the accused if he seeks about it.
11. A preliminary investigator has the right to prevent the minor's legal representative to participate in familiarization with the materials of the case, the accused, if it acknowledges that it could harm the interests of the minor.
 
Article 320. Statement by the motions and their resolution 1. Motions by the accused and his counsel, as well as the victim, civil plaintiff, civil respondent and their representatives stated orally after familiarizing themselves with the case materials, shall be entered in the minutes of familiarization with the materials of the criminal case.
2. in cases where a participant in the process of intention to present the petition in writing, for its preparation may be granted the necessary time stamp of the Protocol, a written application shall be attached to the case.

3. In the case of a petition for clarification of important case, the investigator must complement the preliminary investigation. If you additionally produced investigative actions present counsel, he may, with the permission of the investigator to ask questions to the witness, victim, expert, specialist and the accused, as well as to apply for entry in the minutes of data relevant to the case. The investigator may withdraw the proposed questions by counsel, but allotted question should be entered in the minutes.
4. After the production of additional investigative steps, the investigator must again notify the participants in the process of completion of the preliminary investigation, to provide them with an opportunity to familiarize themselves with additional evidence in the case, and at their request-and with all materials of the case.
5. In case of full or partial refusal of the asserted claims investigator shall make a reasoned decision about this, a copy of which presents or shall send to the applicant.
6. Refusal to comply with a request of the investigator in a criminal case may be appealed to the Prosecutor within three days from the date of receipt by the applicant of a copy of the Ordinance to dismiss the petition.
7. Pending the resolution of a complaint by the public prosecutor is not subject to criminal proceedings in the Court. The deviation of the Attorney General complaints about the denial of the motion in a criminal proceeding aimed at the Court, does not preclude the resumption the same motions before the Court.
 
Article 321. Protocol on acquaintance with the materials of the criminal case 1. The materials of the criminal case the accused and counsel, as well as the victim and his/her representative plaintiffs and civil defendants or their representatives shall be drawn up protocols in compliance with the requirements of article 117 of this code. The protocols indicate the following: 1) what materials were presented for consultation (number of volumes and sheets);
2) where and during what time happened acquaintance with the case materials;
3) what applications were filed;
4) what statements were made;
5) of those interrogated in the case of witnesses involved in the case of experts, professionals and witnesses, to call that in the trial said the accused and counsel, or attached to their list.
2. If you consult the case file of the accused and his counsel or the victim and his/her representative happened together, constituted the appropriate common protocols.
3. If the accused refused to familiarize themselves with the case materials, referred to in the Protocol and presents the motives of refusal, if the accused told them.
 
Article 322. The indictment 1. After seeing the accused and his counsel with all materials of the preliminary investigation, the investigator is the indictment.
2. the indictment shall consist of an introduction, descriptive-motivational and conclusive parts.
3. In the introductory part of the indictment, the investigator specifies the surname, name, patronymic of the accused (accused), on which the indictment is prepared, the penal law (section, part, item), which characterized his actions.
4. descriptive-motivational part describes the offence as it is set the pre-trial investigation, place, time, methods, motives, effects and other significant circumstances of the crime committed by each of the accused, details of injured, as well as evidence, which confirm both the event itself and crime investigator's conclusions about the guilt of each accused. In descriptive-motivational part is also provided explanations of each of the accused on the substance of the charge, the arguments put forward by him in his own defence, and proof that these arguments are refuted.
5. If in the circumstances aggravating or mitigating the responsibility of the accused, the investigator must specify on the indictment.
6. When referenced in the indictment on evidence it is necessary to indicate the appropriate volume and case.
7. In the operative part contains information about the identity of each defendant with indication of the surname, name, patronymic, year and place of birth, nationality, citizenship, education, marital status, place of employment, occupation and place of residence, criminal record, the wording of the charge, together with an indication of the article (s), part (s), item (s) criminal law stipulating liability for the offence.
8. the indictment ends indicating the place and date of its drafting.
9. the indictment shall be signed by his investigator who showing his posts, special and military rank.
 
Article 323. Annex to the indictment to the indictment are: 1) the list of persons to be, in the opinion of the investigator, the summons to a court hearing, along with their addresses and case sheets, describing their testimony or opinion;
2) help on selected measures of restraint from indicating the time and place of detention of each of the accused;
3) certificate of physical evidence about the civil lawsuit and on the measures taken to ensure civil suits and the possible confiscation of property, procedural costs by reference to the respective volume and case.
 
Article 324. Referral to the Prosecutor
 

1. Making an indictment, the investigator sends the case to the Prosecutor. However, the case shall be sent a copy of the indictment for each of the accused.
2. the case of attached documents proving the identity of the accused.
 
Article 325. Issues to be settled by the Prosecutor in the case, on the indictment for the case, the Prosecutor is obliged to check whether in the course of an initial inquiry or preliminary investigation, all the requirements of this code, paying particular attention to the following: 1) whether there has been an act attributed to the accused, and whether this Act;
2) if the circumstances giving rise to the termination of the proceedings;
3) was whether the inquiry or pre-trial investigation thoroughly, fully and objectively;
4) whether the accusation is substantiated in the available evidence;
5) observed whether this code procedure for gathering evidence to support the accusation;
6) is correctly applied to the acts of an accused criminal law;
7) charged with the prosecution of all established an inquiry or preliminary investigation criminal acts of the accused;
8) brought to whether criminally liable as defendants all persons who are caught committing a crime;
9) whether the indictment is available in the records;
10) preventive measures correctly and whether the reasons for its change or cancellation;
11) whether measures had been taken to ensure a civil action or possible confiscation of property;
12) identified the causes and conditions that facilitated the perpetration of a crime, and whether measures had been taken to remove them;
13) whether bodies of inquiry or preliminary investigation, all the other requirements of this code.
 
Article 326. A decision by the Prosecutor in the case, on the indictment 1. The Prosecutor is obliged to consider the offer of the investigator dealing with the indictment and in a period not exceeding five days make it one of the following: 1) confirm the indictment and send the accused to the Court;
2) remand the case to the authority carrying out the preliminary inquiry or the investigator with your written instructions for the production of further investigation;
3) if there are sufficient grounds for terminating the proceedings, make a reasoned decision about it.
2. the Prosecutor may amend the indictment, enclosing the list of persons subject to challenge in court, as well as to cancel or change the previously selected measure, or elect a measure, if it has not been previously chosen. In case of cancellation, modification or preventive measure in the form of detention, the Prosecutor is governed by rules prescribed in paragraph 5 of article 154 of this code.
3. In the event of any inconsistency between the indictment required by article 322 of this code, the Prosecutor may remand the case with your written instructions of the authority carrying out the preliminary inquiry or the investigator for peresostavleniâ of the indictment.
4. The right to indictment belongs to the prosecutor appointed in accordance with the legislation of Turkmenistan, but in case of circumstances preventing the exercise of their competence, the indictment may be approved only by the superior prosecutor.
 
Article 327. Changing the charges when the confirmation of the indictment by the Prosecutor 1. The Prosecutor has the right to its motivated decree excluded from indictment charges separate parts and apply the law on lesser charges. If necessary, a new indictment is drawn up.
2. If you want to change the charge on the more serious or substantially different on the facts from the original charges, the Prosecutor gets the case body of inquiry or the investigator for bringing new charges.
 
Article 328. Preparation of the Prosecutor of the new indictment, the Prosecutor shall have the right, without sending case back for further investigation, to draw up a new indictment, if it does not entail a change to the more serious charges. While previously drafted an indictment of the case withdrawn.
 
Article 329. The direction of the public prosecutor to the Court 1. The Prosecutor alleges or is a new indictment. The Prosecutor presents the accused a copy of the indictment against receipt, and if the accused is in custody, passes its administration places of detention for handing him a receipt and refers the case to the Court of jurisdiction.
2. the Prosecutor, the criminal case referred to the Court, has the right to take it back before the Criminal Court to its production.
3. the Prosecutor shall notify the accused, counsel, victim or his representatives, civil plaintiff, civil respondent and their representatives about the direction of the case, together with an indication of the date of its referral and specifically in what court.
4. After sending the case to court petitions and complaints in the case go directly to court.
 
The seventh section. Production at the Court of first instance Chapter 38. The appointment of the trial of the accused, article 330. The action of the Court in a criminal case, it was 1. The judge or the Court authorizes the adoption of criminal court before the case in court.

2. Where the judge considers that there are sufficient grounds for a hearing in court, without prejudging the guilt makes a decision on the appointment of the trial of the accused.
3. In cases involving crimes committed by minors in cases of disagreement with the findings of the judge's indictment, reconciliation between the victim and the accused in cases brought following a complaint by the victim, or if you need to change the measure of restraint, applied against an accused, the suspension of proceedings, sending the case on jurisdiction, concentrating the prosecution held a status conference hearing.
4. At the same time, regardless of the grounds for making the case to the assignments sitting, the Court decides all matters prescribed by articles 337 and 338 of this code.
 
Article 331. The composition of the Court in the assignments sitting criminal cases in all courts considered the assignments sitting judge and two jurors of the Court.
 
Article 332. Participation of the Prosecutor in the assignments sitting 1. About the time and place of the assignments sitting, the judge informs the public prosecutor.
2. In the assignments sitting of the Court the prosecutor participates, but its absence does not preclude consideration of the case.
 
Article 333. The order of selection meeting of the Court, 1. Consideration of the criminal case in pretrial court session begins with a statement by the judges, that it indicates what deficiencies exist in the indictment and the appointment of a preventive measure, circumstances that do not meet the requirements of the Act, and what they are based. The lawyer has the right to attend and speak at the status conference held on. The Court then hears the conclusion of the Prosecutor and the judges ' deliberation room shall determine.
2. Witnesses and experts in a status is not allowed.
 
Article 334. Definition of the assignments sitting of the Court 1. The Court in the assignments sitting makes one of the following definitions: 1) on the appointment of the trial of the accused;
2) on the return for the production of further investigation;
3) to terminate the proceedings;
4) on suspension of proceedings;
5) to send the case on jurisdiction;
6) on joinder.
2. in each of these definitions, in addition to determining the direction of the case on jurisdiction, the Court must specify on the abandonment, change, cancel or apply a preventive measure.
 
Article 335. The judge's ruling and the definition of the assignments sitting of the Court 1. In the ruling, the justices and the Court's determination in the assignments sitting must be specified: 1) time and place of the making of the order or determination;
2) judge that rendered a decree or the Court in the assignments sitting, Secretary of the assignments sitting, Attorney, who participated in the assignments sitting;
3) Foundation and the essence of the decisions taken.
2. the decision shall be signed by the judge. Definition of signed by the Chairman and judges of the Court.
 
Article 336. The appointment of the trial of the accused in the assignments sitting 1. Having concluded that there were sufficient grounds for consideration of the case in court, the Court in the assignments sitting, without prejudging the guilt shall determine the appointment of the trial of the accused. The Court has the right to partially exclude individual allegations from the indictment or to apply criminal law on the lesser offence, without changing the wording of the charges.
2. the decision on the partial exclusion of certain charges or other criminal act must be motivated in the definition of a status conference.
 
Article 337. Issues to be clarified in the case on to the Court When the judge or court permission in the assignments sitting of the designation of the trial shall be clarified with respect to each of the accused: 1) whether this Court jurisdiction;
2) not whether there are circumstances giving rise to the termination or suspension of the proceedings;
3) whether evidence collected, sufficient for it to be considered in the court session;
4) is allowed if the issue of ensuring appearance at trial the accused, which was based on recognizance not to leave;
5) whether in conducting an initial inquiry or pretrial investigation, violations of the law on criminal procedure, preventing the appointment of judicial proceedings;
6) charged with the prosecution of all criminal offences of the accused, established according to the results of the investigation;
7) all persons when there are grounds to criminally prosecuted;
8) is correctly applied to the acts attributed to the accused, criminal law;
9) is made whether the indictment correctly, in accordance with the requirements of article 322 of this code;
10) whether to leave, amend, cancel or elect a preventive measure against the accused;
11) whether measures had been taken to ensure compensation for material damage caused offense and possible confiscation of property;
12) resolved whether the suspension of the accused from Office;
13) whether satisfaction statements, Petitions and complaints;
14) whether measures had been taken to eliminate the causes and circumstances contributing to the Commission of a crime.
 
Article 338. Consideration of petitions
 

1. In determining the appointment of trial accused the judge or court in the assignments sitting within its competence must consider petitions of stakeholders and of representatives of public associations to participate in the case, on the future direction of the case to another court, the discovery of additional evidence, on changing the measure of restraint, of a civil lawsuit and the steps to achieve it.
2. results of the permit notice of motion a person or organization who submitted the petition. Denial of approval of the application is not subject to appeal, but it could be reopened in the court session.
 
Article 339. Appointment of trial 1. The judge came to the conclusion that in the process of inquiry or preliminary investigation, met all the requirements of this code for the rights of the participants in the process and there are no other grounds preventing the consideration of the case in court, decide on the appointment of the trial of the accused.
2. the decision on the appointment of the judicial proceedings, in addition to addressing the issues identified in article 335 of the present Code shall contain the following: 1) specifying a defendant;
2) precise indication of the criminal law, the violation of which is imputed to the defendant;
3) decision to retain, repeal, amendment or election of preventive measures and measures for redress;
4) decisions on such appeals, motions and other statements by the participants in the process;
5) the decision on admission as a lawyer a person elected by the accused, or the appointment of the last lawyer;
6) the list of persons subject to call at trial;
7) decision on the hearing in the absence of the defendant in the case where the law permits trial in absentia;
8) information about the time and place of the trial;
9) proceedings in closed court proceedings in cases provided by the present code;
10) alternate zasedatele.
 
Article 340. Presentation of the defendant the court administrative determination when deciding on the appointment of the trial of the accused changed the measure of restraint, the list of persons subject to subpoena or accusation, the defendant shall be provided with a copy of the definition of the assignments sitting of the Court.
 
Article 341. The appointment of criminal trials brought on the basis of the complaint 1. Offences referred to in articles 111 and 115, part one of article 132 of the Criminal Code of Turkmenistan, judge after receipt to the Court calls the victim and the accused and is taking steps to reconciliation. In the case of their reconciliation deal terminated in the manner prescribed by part one of article 346 of the criminal code.
2. in the event of failure to achieve reconciliation, the judge or the Court, in accordance with the rules of this chapter addresses the issue of the appointment of the trial of the accused.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) Article 342. The return of the criminal case for the production of an additional inquiry or preliminary investigation 1. The Court has the right to send a criminal case for the production of an additional inquiry or pre-trial investigation in cases: 1) availability in the basis to make the defendant other charges related to the case or to prosecute other persons whose actions are connected with the case if separate consideration of the case against them is impossible;
2) improper associations or separation cases;
3) need to change the charges specified in the indictment on more serious or significantly different from the earlier accusation;
4) availability of essential incompleteness produced inquiry or preliminary investigation, which could not be made good during the trial;
5) there is a substantial breach of the law on criminal procedure.
2. the case for further inquiry or pre-trial investigation shall be sent through a Prosecutor. The Court in its definition must specify the grounds on which a case is remanded, what circumstances need to be clarified with additional inquiry or preliminary investigation.
3. When returning the case to produce an additional inquiry or preliminary investigation, the Court is obliged to decide on the custody of the accused.
4. In the case of drawing up an indictment in violation of the provisions of articles 239 and 322 of this code, the Court returns the case to the Prosecutor for re-drafting of the indictment.
 
Article 343. Suspension of criminal proceedings 1. The definition of a stay of proceedings may be issued by the Court on grounds provided for by articles 46 and 308 of this code, as well as in the case of the appointment of the examination.

2. The proceedings may be suspended with respect to one of several defendants, provided that this does not infringe its rights or the rights of other defendants. In the case where the defendants in custody case has not been suspended and the Court does not consider it possible to change the measure of restraint for them, perhaps stay for a period not exceeding thirty days. If during this time the grounds for suspension of the proceedings against any of the defendants does not disappear, then proceedings against other defendants should be reopened and assigned a trial date.
3. When considering the appointment of a trial, it appears that the accused has absconded and the seat is unknown, the Court shall determine the assignments sitting of the stay of proceedings, pending the investigation of the accused.
4. determination of the Court shall be transmitted to the internal affairs authorities to search for the accused and a copy-Prosecutor to oversee production.
5. In the case of recognition for the conclusion of forensic science or forensic psychiatric examination severe and prolonged illness of the accused, excluding the possibility of his court appearances, but curable, the Court shall suspend the proceedings in a criminal case pending the recovery of the defendant.
6. If the accused is an incurable disease, the case is resolved in the manner prescribed by Chapter 51 of this code.
 
Article 344. Provision of civil action and forfeiture of property in case of non-acceptance of persons carrying out initial inquiries or pre-trial investigations and procurators who knowingly cause measures to ensure compensation for damage caused to the crime and the possible confiscation of property if such measures cannot be taken directly by the Court, the judge or court shall oblige the relevant prosecution authorities to take the necessary measures.
 
Article 345. The direction of the criminal case on jurisdiction if the Court determines that the case did not deal with him, then he shall determine the direction the case on jurisdiction the legal justification of such decision and stating the Court sent the case of what informs the participants of the process.
 
Article 346. Termination of criminal proceedings 1. The Court in the assignments sitting terminates criminal proceedings on the grounds provided for by part one of article 31 and paragraph 1 of article 33 of the present code and article 72 of the Criminal Code of Turkmenistan. The Court cancels the measure, measures to ensure the civil action and the confiscation of property and resolves the issue of the exhibits. A copy of the ruling on termination of criminal proceedings shall be sent to the Prosecutor and to the person involved is handed over to criminal prosecution, and victim.
2. A court may terminate criminal proceedings on the grounds referred to in articles 71 and 73 of the Criminal Code of Turkmenistan.
 
Article 347. Ensuring parties acquainted with materials of proceedings after receipt of an accused person to the Court and after solving the question of the appointment of the trial judge must ensure that the public prosecutor, the accused, counsel and the victim, civil plaintiff, civil respondent or their representatives the opportunity to familiarize themselves with all the materials of the case and to issue the necessary information from it.
 
Article 348. Challenge in court, the judge shall order the calling conventions in the trial of the persons specified in its order or determination of the Court, as well as taking measures to prepare for the trial.
 
Article 349. The timing of the proceedings 1. The judge or court in the assignments sitting must resolve the issue of the appointment of the trial of the accused not later than five days, and on complex cases-not later than fourteen days from the receipt of the case in court.
2. a criminal case must be commenced consideration of ètrapskimi, towns with etrap courts rights not later than twenty days, and velaâtskim and the city of Mashhad with Court and Supreme Court of Turkmenistan is not later than one month from the date of receipt of the case in court.
 
Chapter 39. General conditions of trial Article 350. Spontaneity, oral, continuity of trial 1. In the trial all evidence in the case are subject to direct the study. The judge or court must hear the testimony of defendant, victim, witness, read and examine the findings of experts, examine the physical evidence and read out records and other documents, to other judicial actions on research evidence, except for the cases stipulated by this code.
2. The testimony given during the preliminary investigation may be read out only in cases provided for by articles 391 and 395 of the present code.
3. The verdict of the judge or of the Court may be based only on evidence in court were investigated, and with reduced judicial investigation and evidence obtained in the course of an initial inquiry, pre-trial investigation, relevance and validity of which is not challenged by the parties before the Court.
4. The hearing of each case occurs continuously, except for the time allotted for the rest.
5. consideration of the same judges in other cases, previously the end of hearings initiated cases not allowed.
 
Article 351. Equality of rights of participants in the trial
 

Participants in the trial: the defendant, counsel, the public prosecutor, the injured party, the civil plaintiff, the civil defendant and their representatives shall enjoy equal rights in proceedings for the submission of evidence, participate in research evidence and by petitions, as well as other issues arising in litigation.
 
Article 352. The powers of the presiding officer in the proceedings 1. In the trial presided by the President of the Court or on his behalf by another judge.
2. in proceedings and decision-making presiding enjoyed equal rights with the other judges (judges).
3. the presiding, maintaining objectivity and integrity, in the name of Justice, stipulated by this code, shall take all measures to ensure equality of parties, creates the necessary conditions for comprehensive, complete and objective investigation of the circumstances of the case. The presiding officer also ensures compliance with the order of the court hearing, his pedagogical impact, explained to all participants in the proceedings their rights, obligations and the procedure for their implementation. In the case of objections to any of the persons involved in judicial proceedings, against the actions of the presiding judge, these objections are specified in the Protocol of the trial.
 
Article 353. Defendant's participation in the proceedings 1. The trial occurs when the compulsory participation of the defendant, except in the cases provided by paragraph 2 of this article. If the defendant does not appear hearing shall be adjourned. The Court has the right to expose not appeared without good reason the defendant forced detention, as well as apply or change a measure of restraint against him.
2. Proceedings in the absence of the defendant may be allowed only in the following cases: 1) when the defendant is outside the borders of Turkmenistan and refuses to appear in court;
2) when the defendant in custody refuses to appear in court, but subject to the mandatory participation of a lawyer.
 
Article 354. The rights of the defendant in court at the trial the accused is granted the right to: 1) to participate in the proceedings before the Court of first instance;
2) to be assisted by a lawyer during the trial;
3) stating the judge, assessor of the Court, the Registrar of the court hearing, public prosecutor, expert, interpreter;
4) to file petitions and to express their views on the motions other actors, for the admission of evidence, to call witnesses, on the appointment of the examination, on the disclosure of evidence in the case and the discovery of other evidence;
5 questioned) to ask questions on the case;
6) to participate in the examination of scene material evidence and documents, as well as in a judicial experiment;
7) at any time trial to testify at the Court studied the circumstances of the case;
8) take part in judicial deliberations in the case of participation in the public prosecutor's Office if there is no lawyer;
9) apply to the Court with the final word after the end of the deliberations;
10) appeal against the decision of the Court, judge.
 
Article 355. The lawyer's participation in the proceedings 1. Defendant's counsel participates in the study presents evidence to the Court his opinion on the merits of the charge and his proof of circumstances mitigating the defendant or justifying it, as punishment, as well as on other issues arising in litigation.
2. If failure of a lawyer and the inability to replace him in this hearing hearing is postponed. Replacing a lawyer appeared in court, is allowed only with the consent of the defendant. If the involvement of a lawyer, the defendant cannot be accomplished within five days, the Court postponing trial offers the defendant to elect another lawyer, and at his refusal itself appoints new counsel.
3. A lawyer once again entered into the case, provided the time necessary to prepare for participation in the proceedings. He has the right to apply for a repetition of any act committed in the proceedings prior to its entry into the case.
4. The lawyer's participation in the proceedings, their rights and responsibilities are defined in articles 81-85 of this code.
 
Article 356. Participation of the public prosecutor in trial 1. Participation of the Prosecutor as a public prosecutor necessarily with the commencement of the trial, except for criminal cases, subject to the lodging of a complaint by the victim.
2. the complex and mnogoèpizodnym public prosecution cases can support multiple public prosecutors.
3. If you find the impossibility of further involvement of the public prosecutor in the trial, he can be replaced. Entry into the new public prosecutor's case did not entail a repetition of acts which by that time had been committed before the Court, but on the request of the public prosecutor, the Court may grant him time to become familiar with the materials of the case.

4. the public prosecutor presents evidence and participating in their study, presents its views to the Court on the merits of the charge, as well as on other issues raised during the trial, gives the Court a proposal for the application of criminal law and punishment meted out.
5. the Public Prosecutor makes or supports the case brought by a civil action, if required to do so to protect the rights of citizens, the public or the public interest.
6. in support of the prosecution, the public prosecutor shall be guided by the requirements of the law and their internal conviction, based on the results of examination of all the circumstances of the case. The public prosecutor may amend the indictment, if this does not deteriorate the situation of the defendant and not violated his right to a defence. The public prosecutor is obliged to abandon charges in whole or in part, if you come to the conclusion that it was not substantiated in court proceedings and to present their arguments to the Court about it.
7. in case of failure of the public prosecutor of the charges against the defendant, for the first time privlekaûŝegosâ to criminal responsibility for crimes of a small and moderate on grounds specified in paragraphs first, second part of the first paragraph of article 31 and in paragraphs first, second and third part of the first paragraph of article 34 if the prosecution refused and also the victim, the judge or the Court's decision or determination ceases to matter. If the victim insists on the prosecution, the Court continues proceedings and resolves the case in General. The public prosecutor in this case, is exempt from further participation in the case, and the prosecution supports the victim personally or by his representative. The Court must give the victim time to invite the representative of.
 
Article 357. Participation of the victim in proceedings 1. The proceedings shall be conducted with the participation of the victim or his representative.
2. In case of failure of the victim, the Court shall decide on the hearing or deposition of it depending on whether possible in the absence of injured full clarification of all the circumstances of the case and the protection of their rights and legitimate interests. If the trial was the representative of a victim, the Court decides the matter, taking into account the views of the representative.
3. at the request of the victim, the Court may release him from participating in the hearing and ordered to appear at the appointed time to testify.
4. the absence of the injured without good reason in the hearing in a criminal case, on the basis of a complaint by the injured party agitated, implies the termination of proceedings on the basis of the first paragraph of article 213 of the present Code, however, on application by the defendant, the case can be examined on the merits, and in the absence of the injured.
5. The participation of the victim in proceedings, his rights and obligations are determined by article 86 of the present code.
 
Article 358. Participation of civil plaintiffs and civil defendants in the proceedings 1. The trial involved the civil plaintiff, the civil defendant or their representatives.
2. In cases of failure to appear civil plaintiff or his representative in court a civil case may be left without any consideration. In such a case, the claimant for criminal indemnification shall retain the right to sue in civil proceedings.
3. the Court may, at the request of the plaintiff or his representative consider civil action and, in the absence of a civil plaintiff.
4. the Court considers civil suit regardless of the appearance of the civil plaintiff or his representative if recognizes it necessary or a claim supported by the public prosecutor.
5. the absence of the civil defendant or his representative shall not suspend consideration of a civil lawsuit.
6. Participation in proceedings civil plaintiff, civil respondent or their representatives, their rights and duties are determined by articles 87-89 of this code.
 
Article 359. The participation of an expert, specialist, interpreter in proceedings 1. In cases stipulated by this code, the Court may be called the expert and specialist. They participate in the proceedings in the manner prescribed by articles 96 and 98 of the present code.
2. If any of the persons involved in a case does not speak the language in which the process is underway, the court hearing shall be invited. Its duties are defined by article 100 of the present code.
 
Article 360. Limits of the proceedings 1. The trial is made only against the defendant and within the charge.
2. change the charges possible, provided this does not deteriorate the situation of the defendant and not violated his right to a defence.
3. in the event of a need to change or supplement the charges or the initiation of criminal proceedings under the new charges, or for new persons, the judge or court is governed by rules established by articles 361-363 of this code.
 
Article 361. Modification of accusations on the Court of Justice 1. If collected during the trial data indicate the need to change the charge on the more serious or substantially different on the facts from the original accusations or apply article of the criminal law, providing for the more serious offence, the judge or the Court shall issue a ruling or decision on the direction of the criminal case for the production of an additional inquiry or preliminary investigation.

2. If the change in charges is expulsion from the initial charges separate charges or if there are other extenuating circumstances, the judge or court may continue the hearing of the case and reach a verdict.
 
Article 362. A criminal trial on the new charges 1. If the judicial investigation will be installed circumstances indicating the Commission of another crime defendants, the judge or court, suspending consideration of the case, after hearing the opinion of the involved in the case, shall issue a ruling or decision to institute criminal proceedings under the new charge and directs its determination and the necessary materials to conduct a general inquiry or preliminary investigation.
2. When the new charge is closely associated with the original and split their consideration cannot, the entire thing should be returned for further inquiry or preliminary investigation.
 
Article 363. Criminal proceedings against new face 1. If the trial judge or the Court will be installed circumstances indicating the Commission of an offence by a person who is not attracted to criminal liability, the judge or the Court, after hearing the opinion of the persons involved in a case, shall issue an order or determination on the institution to that person of a criminal case and directs this definition with the necessary materials to conduct a preliminary investigation.
2. When the newly launched criminal proceedings is in close connection with the case and separate consideration of them is not possible, the judge or the Court directs all business for the production of an additional inquiry or preliminary investigation.
3. The institution of criminal proceedings against a witness, victim, expert or interpreter, gave false testimony, or knowingly false translation is possible only after sentencing by a judge or court.
4. The Court may apply the measure to the person against whom criminal proceedings have been instituted in accordance with the rules contained in articles 146, 148 and 159 of the criminal code.
 
Article 364. Postponement of the trial and suspension of criminal proceedings 1. In case of impossibility of hearing in the same court session due to non-appearance of any persons caused by or in connection with the necessity of claiming new evidence, the Court shall issue a ruling on adjournment of the proceedings and shall take measures to call not presenting themselves persons or discovery of new evidence. The Court shall determine the period for which the trial has been delayed.
2. If there are grounds prescribed by article 308 of this code, as well as in the case of the appointment of the examination, the Court shall suspend the proceedings against one or more defendants until these circumstances and the continuing trial of the remaining defendants. If in the course of separate proceedings, difficulties in establishing the truth, all proceedings shall be suspended.
3. search the defendant surrenders himself to declare the decision of the Court.
 
Article 365. The resolution of the question of measure 1. During the proceedings, the Court has the right to elect, change and cancel the measure of restraint against the defendant.
2. The term of the defendant remanded in custody as a preventive measure from the date of receipt of the case in court and before sentencing may not exceed six months.
3. in cases of serious crimes upon expiry of the term specified in subsection 2 of this article, the Court may, by its decision to extend the detention period to twelve months.
4. After the expiry of detention set forth in parts two and three of this article, the Court shall amend the defendant as a preventive measure of detention on his own recognizance or on the initiative of the defendant to change the measure of restraint to bail.
5. the restrictions referred to in the second and fourth parts of this article do not apply in the case of particularly serious crimes.
 
Article 366. Referral for further investigation 1. The judge or the Court, taking into account the requirements under article 342 of the present Code, sends the case back for further investigation.
2. Upon receipt of a case to the Court after the end of the further investigation, the issue of the appointment of a court session shall be permitted pursuant to the General procedure.
 
Article 367. Diversion in the proceedings 1. The case is to be dismissed in the trial if it established the circumstances referred to in paragraphs 3-10 of the first paragraph of article 31 of the present Code, as well as upon cancellation of the charges by the public prosecutor for crimes of minor and moderate, if the public prosecutor refused to charge due to the innocence of the defendant to the punishable act in accordance with paragraphs 1 and 2 of the first paragraph of article 31, if the victim recanted the charges.
2. The judge or a court may terminate criminal proceedings in accordance with the mandates referred to in the second part of article 33 of the present code.
 
Article 368. Order rulings and determinations in the proceedings 1. On all issues resolved during the trial, the judge shall rule, and the Court is reasoned determination, and they are subject to disclosure at trial.

2. the decisions and determine the direction of the case for the production of further investigation, to suspend the proceedings on the application, modification or lifting of the measure to extend the period of detention on abstentions, on the appointment of the examination, to dismiss the case or to institute criminal proceedings in accordance with this code, as well as private rulings or determination in the retiring room and are described in separate documents.
3. other regulations and definitions at the discretion of the judge or of the Court shall be put either in the order specified in part two of this article, either on site-in the courtroom with entering orders or to determine in the trial transcript.
4. In a decision or determination that is made during the trial in the retiring room, shall contain the following: 1) time and place of the trial;
2) name and composition of the Court;
3) court clerk;
4) case;
5) alleged the application;
6) views of the participants on the process motions;
7) by the Court decision.
 
Article 369. 1 the trial schedule. The hearing takes place in conditions ensuring normal operation of the Court and safety of the process.
2. When entering the Court at courtroom clerk Announces: "the Court goes, please stand up. All present stand up in court, and then with the permission of the presiding took their places.
3. all participants in the trial were treated to court, testify and declare the motions standing. Derogation from these rules is permitted only with the permission of the presiding officer.
4. all participants in the trial, as well as all persons present in the courtroom, the presiding judge orders must obey the order.
5. Persons who have not attained the age of 16, if they are not a party to or a witness in the courtroom are not allowed. If necessary, the Court may require the citizen a document proving his age. Are not allowed in the courtroom also persons who are intoxicated.
6. When sentencing is necessarily the presence of a public prosecutor and a lawyer.
7. Photographing, use of audio, video, and film in the courtroom is only possible with the permission of the presiding officer.
 
Article 370. Measures taken to ensure order in court session 1. If there is a violation of the order in a court session, participant in the orders of the presiding officer of insubordination to the presiding officer warns that the violator of the order of the court hearing (with the exception of the public prosecutor and lawyer) will be removed from the courtroom or it will be imposed administrative punishment. An administrative penalty may not be imposed on the defendant.
2. If the defendant was removed from the courtroom, the verdict should be proclaimed in his presence or declared him a receipt immediately after the proclamation.
3. About the removal from the courtroom party process or imposing on it an administrative penalty, the judge shall rule, and the Court-definition.
4. in case of violation of order persons present in the courtroom, are not parties to the process, they are presiding interpretation are removed from the courtroom. The Court may also be imposed an administrative penalty in accordance with the legislation of Turkmenistan.
5. If the actions of the violator trial there is evidence of a misdemeanour offence, the judge or court shall send the materials to the Prosecutor for the institution of appropriate administrative or criminal proceedings.
6. In case of violation of public order in the courtroom or contempt of a judge or court by a judge or by the decision of the court hearing the criminal case, the offender may be subject to recovery measures stipulated in administrative law.
 
Article 371. Preparation of court record 1. During the trial, the court clerk conducts the trial transcript.
2. The court records can be written by hand, prepared either typescript computer way. To ensure completeness of the minutes of the meeting can be used verbatim.
3. In the Protocol of the trial must include the particulars provided for in article 121 of this code. In addition, the Protocol of the court session indicates evidence of contempt, if they took place, and the identity of the infringer, on the measures taken by the judge or the impact of the Court with regard to the offender.
4. the minutes of the court session shall be drawn up and signed by the Chairman and the Secretary not later than five days, and for the most complex cases-not later than ten days after the end of the trial. The trial transcript at trial may be in parts, which, like the Protocol as a whole, shall be signed by the Chairman and the Secretary of the court session.

5. In the event of a disagreement about the correctness of entries in the Protocol of the trial between the Chairman and the Secretary of judicial session last may attach to the Protocol of the court hearing their objections in writing along with the records made during the trial.
6. In the course of the trial may be applied, filming, sound recording, video materials which are attached to the Protocol of the court session, sealed and stored along with it. In the Protocol of the court session is marked on the application of the specified technical means.
7. The presiding officer shall inform the readiness of the court record to persons wishing to become familiar with it and who has the right to bring the comments on it, and create conditions for them to become familiar with the Protocol of the trial.
8. a person who doprošennoe in the proceedings has the right to apply for reading with their testimony, laid down in the Protocol of the trial. This possibility should be provided not later than the next day following the statement of the application.
 
Article 372. The procedure for filing comments on the trial transcript and review the procedure for filing comments on the trial transcript and their consideration shall be determined in accordance with the requirements of article 122 of the criminal code. The presiding judge in the case may extend the deadline at the request of the parties, indicated in the same article, up to ten days.
 
Chapter 40. The preparatory part of the proceedings Article 373. The opening of the trial at the scheduled time, the presiding officer of the hearing opens and announces what criminal case will be considered, as well as reports on the case in an open or closed court session.
 
Article 374. Checking the attendance of persons to caused by the trial court clerk shall report to the Court the appearance of persons who are to participate in the court session and announce the reasons for the non-appearance of the absentees.
 
Article 375. The translator's explanation of his rights and obligations 1. The presiding officer informs who participates as an interpreter and explain to him his rights and obligations under article 100 of the present code.
2. Translator shall be warned by the presiding officer on criminal liability for knowingly incorrect translation, the translator than shown in subscribed priobŝaemaâ to the Protocol of the trial. The translator also warned that in case of deviation from the performance of their duties may be imposed an administrative penalty in the manner prescribed by law.
 
Article 376. The decision on the disqualification of translator 1. The presiding officer explained the defendant, counsel, the public prosecutor, the victim, civil plaintiff and civil respondent, their right to challenge the interpreter and clarifies the statutory grounds, resulting in the removal of the interpreter.
2. The declared withdrawal of court permits according to the rules provided for by article 106 of the present code. If the disqualification of translator satisfied, the Court invites the other translator.
 
Article 377. Removing witnesses from the courtroom witnesses Appearing before their interrogation is removed from the courtroom. The presiding officer shall take measures to ensure that no court interrogated witnesses have not been contacted and has not communicated with the interrogated witnesses, as well as with other persons in the courtroom.
 
Article 378. The identification of the defendant and the timeliness of handing him a copy of the indictment to the identification of the defendant, the judge or the presiding judge shall ascertain the surname, name, patronymic, year, month, day and place of birth, nationality, language in which the proceedings are conducted, citizenship, was previously tried and on what grounds exempt from punishment, place of residence, where and by whom was working at the time of committing the crime, education, marital status, relationship to military duty , if he won Government awards and other data relating to his personality. Then the presiding officer determines whether the defendant handed over and when it is, a copy of the indictment, definitions about the change in charges. While the trial may not commence earlier three days from the day of handing over copies of the indictment, definitions about the change in charges.
 
Article 379. The announcement of the composition of the Court and the other participants in the proceedings, the presiding officer announces the composition of the Court and tells you who is the public prosecutor, defence counsel, victim, civil plaintiff, civil respondent and their representatives, as well as the Secretary-General of the court session, expert, specialist.
 
Article 380. Solve order disqualification 1. The presiding judge shall explain to the parties their right to refusal to composition of the Court, a judge or jury trial, as well as persons referred to in article 379 of the present Code, in accordance with articles 103-105 of the present code. These rules apply in respect of an alternate juror.
2. The alleged taps court permits in the manner provided for in articles 103-106 of the present code.
 
Article 381. Explanation the defendant of his rights, the presiding officer explained the defendant his rights in court, provided for in article 354 of the criminal code.
 
Article 382. Explanation to the victim, civil plaintiff and civil defendant of their rights
 

The presiding officer explained to the victim, civil plaintiff, civil respondent and their representatives their rights in proceedings under articles 86-89 of this code. In addition, the victim in cases of persons committing crimes for the first time under articles 111 and 115, part one of article 132 of the Criminal Code of Turkmenistan, is explained his right to reconcile with the defendant.
(As amended by the Act of May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 78) Article 383. Expert's explanation of his rights and obligations 1. The presiding officer explained to the expert his rights and duties provided for in article 96 of this code, and warns him of criminal liability under article 201 of the Criminal Code of Turkmenistan for obviously falsified findings about what an expert have shown in subscribed priobŝaemaâ to the Protocol of the trial.
2. the expert at trial must be in the courtroom. At the request of the expert, when the circumstances of the case, his presence in the courtroom for some time is not called a necessity, the court having heard the opinion of the actors and the public prosecutor, may release the expert at that time by the presence in the courtroom.
 
Article 384. Explanation of specialist of his rights and duties Presiding explains specialist its rights and obligations under article 98 of the present Code, and warns him of responsibility for failure or refusal to perform their duties.
 
Article 385. Statement and resolution of motions 1. The presiding judge considers whether the parties ' motions to call new witnesses, experts, specialists and the discovery of evidence, documents and other applications. Person who claims the petition, shall specify, to establish any circumstances require additional evidence.
2. The presiding officer must also ask the parties whether they have petitions to exclude from the trial materials that cannot be used as evidence.
3. The presiding judge, having listened to the rest of the actors, having considered each claimed a motion must satisfy him or to render a reasoned decision or determination to uphold the motion without redress.
4. applications for questioning in court as experts or witnesses of persons presenting themselves to the Court on the initiative of the parties, the Court decides, in accordance with section 3 of this article.
5. a person whose application the Court is left without satisfaction, shall have the right to submit this application even further.
6. The alleged solicitations are subject to immediate resolution.
7. The judge or court may, regardless of whether the stated application, order or determination on calling new witnesses, expert examination, discovery of documents and other evidence.
 
Article 386. The resolution of the question of the possibility of a hearing in the absence of any of the participants in the process 1. With the failure of any of the participants in the process, as well as the defendant, the victim, a witness, expert or specialist, the judge or the Court shall hear the opinion of the parties about the possibility of a hearing and issues an order or determination about deferment or its continuation, and about the call or drive absentees persons.
2. When an order or determination of the deposition of the trial the Court may interrogate witnesses came, expert, specialist, victim, civil plaintiff, civil respondent or their representatives. If after adjournment of the proceedings in the same composition of the Court or by the same judge and jurors secondary call these persons in the trial is permitted only where necessary.
3. If necessary, defer the hearing the Court shall before closing the trial to find out whether actors motions in the case. When the statement of such petitions, the Court is obliged to resolve them.
 
Chapter 41. The investigation Article 387. The beginning of the investigation 1. The investigation begins with the announcement of the public prosecutor against the defendant entity charges.
2. when changing the charges in the assignments sitting of the court clerk read out the decision of the Court about the change in charges.
 
Article 388. Clarifying the position of the defendant 1. The presiding officer of the defendant, whether understandable interrogates him accusation, and explains its essence, also finds out whether it wished to inform the Court of his attitude to the charges.
2. The presiding officer shall ask the defendant whether he admits (full, partial) or does not recognise brought a civil suit to him. If the defendant responds to the question, it may motivate your answer. The defendant's silence is logged as a rejection of a civil suit.
3. the parties have the right to ask the defendant questions aimed at clarifying his position.
 
Article 389. Sequence of evidence 1. At a trial evidence are explored in the following order: 1) the evidence presented by the prosecution: the public prosecutor, the victim and his representative, the civil plaintiff or his representative;

2) evidence submitted by the defence: the defendant, his counsel, the legal representative of the accused, civil defendant and his representative;
3) evidence, concerned at the initiative of the Court.
2. First examines the evidence presented by the prosecution, followed by the defence. The prosecution and the defence are evidence respecting the sequence specified in the first part of this article. Sequence of study evidence provided by a person involved in the case on the side of the prosecution or the defence, identifies the person who presents evidence.
3. the order of examination of evidence called on the motion of the Court is determined by the Court, after hearing the views of the parties.
4. the study of the evidence presented by the prosecution, involved the defense, and then the Court; the study of the evidence submitted by the defence, the prosecution is involved, and then explores the Court.
5. evidence on the motion of the Court concerned, first investigated by the prosecution, followed by the defence. The Court examines each of the latter.
6. In the case of cross-interrogation (public prosecutor and lawyer) the opportunity to ask questions is the most recent, which is caused by the person questioned.
 
Article 390. The interrogation of the defendant 1. Before the cross-examination of the defendant, the presiding officer explained to him that he has the right to give or not to give testimony about the accusation and about other circumstances known to him, and that everything that said defendants can be used against him.
2. With the consent of the defendant to testify first questioned counsel and stakeholders from the defence, then the public prosecutor and the participants in the proceedings by the prosecution. Presiding judge removes leading questions and questions irrelevant.
3. the Court may put questions to the defendant, after questioning by the parties, however, questions may be asked at any time interrogation.
4. the interrogation of the defendant, in the absence of another defendant at the request of the parties or the initiative of the judge or the Court, as verdict or definition. In this case, after the return of the defendant in the courtroom he read out to the trial transcript of statements made in his absence, and an opportunity to pose questions to the defendant, doprošennomu in his absence.
 
Article 391. Testimony of the defendant 1. The defendant's testimony during the inquiry or pre-trial investigation, as well as replay dossiers to the Protocol of interrogation of audio and video recordings of his testimony allowed in the following cases: 1) failure of the defendant to testify in court;
2) examination of the case in the absence of the defendant;
3) availability of essential contradiction between the testimony of the defendant, they in the proceedings and during the initial inquiry or preliminary investigation.
2. it is not allowed to reproduce audio and video without prior reading of the evidence contained in the associated protocol Protocol of interrogation or trial. On playback of audio and video recordings done entered in the record of the trial.
 
Article 392. Questioning the victim 1. The victim is interviewed on the rules of examination of witnesses, stipulated in article 393 of the present code.
2. the victim with the permission of the presiding has the right to give evidence at any point in the investigation.
 
Article 393. Examination of witnesses 1. Witnesses are interrogated separately and in the absence has not interviewed witnesses.
2. Before questioning the judge or the presiding judge sets the identity of the witness, clarifies its relation to the defendant and other participants in the process, explains civic duty and obligation to provide truthful explanation of the case, and also warned about criminal liability for refusal to give testimony and perjury. The witness also explained that it has the right to refuse to testify against oneself and close relatives. Persons, one under the law from the obligation to testify, when expressing their desire to give explained criminal liability for knowingly giving false testimony. Witness have shown in the subscription that he explained his duties and responsibilities, and is attached to the Protocol of the trial.
3. The witness questioned by the public prosecutor, the injured party, the civil plaintiff, the civil defendant and their representatives, the defendant and his counsel. The first asks questions of the Party on whose request the witness is called. Judge, court assessors ask questions witness after questioning by the parties.
4. a witness during testimony in a court case when his testimony relate to any digital and other data, which are difficult to keep in memory, may use the written notes. Written notes must be presented to the Court at its request.
5. The witness is allowed to read existing data of the documents relating to them; These documents are delivered to the Court and the participants in the trial and ordered by a judge or a court can be admitted into evidence.
6. Interrogated witnesses remain in the courtroom and cannot leave it until the end of the trial without the authorization of the Court or the consent of the parties.

7. in the cases contemplated in article 109 of this code, in order to ensure the safety of witnesses and its close relatives the Court without disclosing the identity of a witness is entitled to conduct his interrogation in circumstances precluding Visual observation by other actors. About this verdict either definition.
 
Article 394. The interrogation of a minor victim or witness 1. The interrogation of a minor victim or witness under the age of fourteen years is made in the obligatory presence of the teacher, and at the discretion of the Court and the questioning of a victim, a witness at the age of fourteen to sixteen years of age is also in the presence of a teacher, and whenever necessary should be caused by parents or other legal representatives of a minor. The named person may, with the approval of a judge or presiding officer to ask questions to the victim and the witness.
2. Before the questioning of a victim, a witness who has not attained the age of 16, the judge or the presiding judge explained the value for cases of truthful and complete testimony. On the liability for refusal to give testimony and for knowingly giving false testimony referred to persons not warned, and they have not shown in.
3. At the request of the parties or on the initiative of court questioning of the minor victim and witness can be held in the absence of the defendant, the Court shall issue a ruling. After the return of the defendant in the courtroom he announced a minor victim or witness testimony, are given the opportunity to ask them questions and give evidence in connection with their testimony.
4. a victim, a witness, have not attained the age of 18, removed from the courtroom at the end of their interrogation, except when the Court finds it necessary to leave them.
 
Article 395. Testimony of the victim and witnesses 1. Announcement of the trial testimony of the victim and witness their data during the preliminary investigation or in the previous proceedings, as well as playback of audio-, video recording is permitted at the request of the parties in the following cases: 1) if there are significant contradictions between the testimony and the testimony given in court;
2) in the absence of a trial of a victim, a witness;
3) upon cancellation of a victim, a witness to give evidence in court.
2. Replay recording the testimony of the victim and witness their interrogation videos may take place in the manner prescribed by part 2 of article 391 of the code.
 
Article 396. Examination in court 1. At the request of the parties or on its own initiative, may appoint a judge or court examination.
2. conducts expert Examination (experts), which gave the conclusion in the course of the preliminary investigation or another expert (experts), appointed by the Court.
3. production of examination in the Court shall be as set out in chapter 33 of the present Code, and taking into account the requirements of this article.
4. In the trial Examiner with the permission of the presiding officer shall have the right to participate in the study of the circumstances relating to the subject matter expertise: ask questions of persons being interrogated, get acquainted with the materials of the criminal case, to be present at all court actions concerning the subject of the examination.
5. To clarify all the circumstances relevant to the case, the judge or presiding invites Parties to submit questions in writing to the expert. Questions must be read out and heard the views of stakeholders.
6. the parties may submit the expert study objects, documents. Excluding them from among themselves, the judge shall make a ruling, and the Court is reasoned determination.
7. Having considered the issues and having them the views of the parties, by its decision, the judge, and the Court in its decision removes those that are not relevant or do not fall within the competence of the expert, formulates new questions.
8. the person appointed expert shall be provided with a copy of the Ordinance or ruling on the expert examination and explained his rights and duties provided for in article 96 of this code. The Court, after hearing the views of the parties, may postpone the hearing for the time necessary to conduct a study.
9. the expert gives an opinion in writing and read it in the hearing, after which he may be questioned in the manner prescribed by article 397 of this code.
10. After the examination in the trial court in cases stipulated by article 302 of the present code may appoint additional or reexamination.
11. In the case of summons the expert conclusion, during the preliminary investigation, the Court, after the announcement of the conclusion, if you do not object to parties, shall have the right, without assigning an examination, to limit interrogation expert.
 
Article 397. Questioning of the expert 1. An expert can be questioned only after the announcement of the conclusion to his explanations, clarifications and additions.
2. the first expert questioned the Party on a motion which has the examination.
3. If the examination carried out by agreement between the parties or on the initiative of the body in charge of the criminal proceedings, the first interrogates prosecution expert, then the defence.
4. The Court may ask the expert questions the questioning at any time.
 
Article 398. Production of additional or repeated examination
 

1. in the event that expert opinion not clear enough, incomplete or disagreeing with this conclusion of the Court, and in the event of a disagreement between the experts, the Court, on its own initiative or at the request of any of the participants in the proceedings may designate additional or reexamination.
2. Additional or repeated examination is performed according to the rules established by article 396 of the present code.
 
Article 399. Examination of evidence 1. Enclosed to the case during the investigation and once again presented evidence during the trial should be examined by the Court and charged to the parties. Inspection of physical evidence produced at any time as a judicial investigation at the request of the parties, and at the initiative of the Court. Evidence may be brought for examination of a witness, expert, specialist. Persons who filed evidence, may draw the attention of the Court relevant to circumstances identified in their inspection.
2. the Court may examine the evidence on their location in compliance with the rules laid down in the first paragraph of this article.
 
Article 400. Disclosure of investigative protocols and other documents shall be made public wholly or partly investigative protocols certifying the circumstances and the facts established during an inspection, examination, residential premises searches, seizure of items needed for a criminal case, seizure, detention, presentation for identification, investigative experiment and listening to telephone conversations, as well as other documents priobŝënnye to the case presented in court or if they are certified, or set out the circumstances relevant to the case. Presented in court documents may be ordered by a judge or court admitted into evidence.
 
Article 401. Order of announcement of the testimony of the defendant, victim or witness, protocols and other documents in the cases prescribed in §§ 391, 395, 400 of the present Code, the testimony of the defendant, victim, witness, as well as the minutes of investigative activities or other documents are made public by the Court.
 
Article 402. Inspection of the terrain and facilities 1. The Court carries out inspection of the terrain and areas with the participation of the parties and, if necessary, with the participation of witnesses, expert, specialist.
2. On arrival at the place of inspection, the presiding officer announces the continuation of the trial, and the Court will proceed to the inspection. In doing so, the defendant, the victim, witnesses, expert and specialist questions may be asked in connection with the inspection.
3. Participants, experts and witnesses during the Court can draw attention to all subjects that may contribute to the clarification of the circumstances of the case.
 
Article 403. Presentation for identification, examination, testing and refinement testimonies on site, producing a judicial experiment, obtaining samples for expert study 1. Presentation for identification, examination, testing and refinement testimonies on site, producing a judicial experiment, obtaining samples for expert study produced in the trial court in compliance with the rules provided for in articles 265, 267, 285, 286 and chapter 34 of this code, with the participation of the parties.
2. If this is necessary on the facts of the case, the presentation of identification, inspection, production trial experiment, obtaining samples for expert study can be produced in a closed court session.
3. Examination, accompanied by the naked osvidetel′stvuemogo, produced in a separate room by a physician or other specialist, and then is drawn up and signed by the certificate. The certificate shall be delivered in court hearings and is attached to the case.
 
Article 404. Limitation of evidence 1. The public prosecutor has the right to apply to study prosecution evidence was limited to the evidence considered by the time excite the specified application. The Court, after hearing the views of the parties, can satisfy the request.
2. the party has the right to refuse protection of the research evidence presented and priobŝënnyh to business on the request of the defendant, a lawyer and legal representative of the accused, civil defendant and his representative. Such a waiver is required for the Court.
 
Article 405. The end of the judicial investigation 1. Presiding at the conclusion of the evidence: 1) explained to the parties that they in court debates and court adjudication may refer only to the evidence examined in the trial, and with reduced judicial investigation-evidence obtained during the production of inquiry and preliminary investigation in the case of neosparivaniâ by the parties of their relevance and admissibility;
2) polls the parties whether they wish to supplement the investigation and what exactly.
2. In the case of petitions submitted to judicial investigation, the Court discusses the applications and enables them to be.
3. After resolving motions and perform the necessary judicial action, as well as in cases where the petition submitted judicial investigation is not initiated or motivated rejected by the Court, the Chairperson declares the investigation finished.
 
Article 406. Reduced order trial
 

1. In cases of minor offences may conduct the investigation in a brief order.
2. The judge or the Court, after hearing the opinions of the participants of the process, may consider the reduced order if: 1), the defendant admits his guilt, including and presented to him the claims fully;
2) participants in proceedings do not challenge the relevance and admissibility of evidence collected in the case, and do not insist on their study in the court session;
3) is not a violation of the rules stipulated by the present Code, protect the rights of participants in the process.
3. Shorten the procedure of the judicial investigation consists of questioning of the defendant and the victim. Judicial debate and conclusion of cases are carried out according to the rules laid down in this code.
4. If during the interrogation of the defendant or the victim will be detected by the circumstances requiring the study in court hearings, the judge shall rule, and the Court-determination according to the rules stipulated by the present Code, conducts the investigation.
 
Chapter 42. Judicial debate and the last word of the defendant Article 407. Content and procedure of the judicial debate 1. After the end of the trial, the presiding officer announces that the court proceeds to hear the deliberations.
2. at the request of the party of judicial debate is granted time to prepare for a judicial debate, for which the Chairperson declares a break in the court session.
3. judicial debate consists of speeches, public prosecutor, the victim or his representative, plaintiffs and civil defendants or their representatives, with the participation of the public prosecutor in the Attorney-and in the absence of the Attorney of defendant. Sequence of presentations made by the participants of the process set by the Court on their proposals, but in all cases the first speaker is the public prosecutor.
4. If the public prosecution support multiple public prosecutors, in fact, involve multiple victims, lawyers, civil defendants and their representatives and civil plaintiffs and their representatives, several defendants, the presiding officer gives them time to harmonization between a sequence of statements. If necessary, this can be declared a break in the court session. If the called person doesn't agree on the sequence of statements in the pleadings, the Court, after listening to their opinions, shall determine a sequence of statements.
5. the participants in the judicial debate is not entitled to rely on any evidence that was not explored at the trial. If necessary present new evidence to the Court, they may apply for renewal of the judicial investigation.
6. the Court cannot limit the duration of deliberations in a certain time, but the presiding judge has the right to stop judicial debate participants and make them comments, if they refer to circumstances unrelated to the case, either based on unexplored in court evidence.
7. After speeches by all participants in the judicial debate, each of them shall have the right to speak even once with replicas. The right to the last replica in all cases belong to the defendant and his counsel.
 
Article 408. The last word of the defendant 1. After the end of the deliberations, the presiding officer gives the defendant the last word. No questions to the defendant during his last words are not allowed.
2. the Court cannot restrict the last word of the defendant to a specific time. The presiding judge has the right to stop the defendant and make him a note when you link it to circumstances unrelated to the case, or when it allowed offensive language.
 
Article 409. The resumption of the trial if the Court debate or the defendant in a final statement reported new circumstances relevant to the case, the Court shall, at the request of the parties or on its own initiative, resumes the investigation. At the end of the trial restarted the Court reopens trial debate and gives the defendant the last word.
 
Article 410. The removal of the Court in the deliberation room 1. Having heard the last word of the defendant, the judge or the Court is removed in the deliberation room for sentencing (definitions, regulations), as the presiding officer announces to the audience in the courtroom.
2. Time of judgement (definitions, orders) may be declared before removing the court process in the deliberation room.
 
Chapter 43. Sentencing Article 411. Sentencing named Turkmenistan Courts handed down sentences in Turkmenistan name of Turkmenistan.
 
Article 412. The legality, validity and fairness of the sentence 1. The Court's verdict must be lawful, reasonable and fair.
2. a sentence pronounced in compliance with all requirements of the Act and on the basis of the law, is legitimate.
3. The sentence based on comprehensive, full and objective investigation of the hearing submitted to the court evidence is considered to be justified.
4. If the sentence corresponds to the gravity of the offence and the personality of the convicted person, the verdict is considered fair.
 
Article 413. Secret meeting of judges
 

1. a sentence imposed by the Court in the retiring room. During the sentencing in the retiring room may be only a judge, who examines the case or the judge and assessors of the Court included in the composition of the Court in this case. The presence of other persons, including an alternate juror, the Court is not allowed.
2. at the end of working time, as well as during the day the Court is entitled to take a break to rest with the release of the retiring room.
3. The judge and assessors of the Court may not divulge a judgement that took place when discussing and sentencing (definitions, regulations).
 
Article 414. Issues resolved by the Court in sentencing 1. In passing sentence, the judge or court in the retiring room resolves the following issues: 1) it is proved that the act occurred, attributed to the defendant;
2) whether this Act is a crime, and what part of the article, paragraph criminal law envisaged;
3) proven whether the acts of the defendant;
4) whether the defendant is guilty of committing this crime;
5) whether there are circumstances mitigating or aggravating the liability of the defendant, and what it is;
6) whether the defendant committed them punished for crime;
7) what the penalty should be assigned to the defendant;
8) whether there were grounds for conviction with exemption from punishment;
9) in a correctional or reformatory type and mode must serve the sentence convicted to deprivation of liberty;
10) whether satisfaction of a civil action, if, then for whose benefit and in what amount, as well as whether the reimbursement of damages caused to property in the case of not introducing a civil action;
11) whether the withholding of the funds spent on inpatient treatment of citizens, victims of a criminal act;
12) how to deal with property seized in order to ensure a civil action or possible confiscation of property;
13) how to deal with material evidence;
14) to whom and in what amount should be procedural costs;
15) whether the Court should make a presentation to the President of Turkmenistan on depriving the defendant of the military, special or other ranks, class ranking, diplomatic rank, qualification class, State Awards;
16) on the application of coercive measures of a medical nature in the cases provided by paragraph 2 of article 96 of the Criminal Code of Turkmenistan;
17) about the existence of causes and conditions contributing to the Commission of a crime;
18) measure against the defendant.
2. When charge the defendant committing several crimes, the Court decides the issues referred to in paragraphs 1-7 of the first paragraph of this article, for each crime separately.
3. If several defendants are accused of committing an offence, the court resolves all issues referred to in paragraph 1 of this article, in respect of each defendant individually, defining the role and level of participation of each of the dead.
4. Allow the issues listed in paragraph 1 of this article, the Court moves to resolve the following additional issues: 1) about the structure of the minor children of the convicted person, orphaned, and if necessary, and the victim, as well as elderly parents, latchkey and in need of home care and other dependants;
2) on the protection of the property of the convicted person, and where necessary-and property;
3) about the need for issuing private rulings or determination.
 
Article 415. The solution to the question of sanity of the defendant 1. Where, in the course of the preliminary investigation or proceedings arose the question of sanity of the defendant, the Court must discuss this matter again in the retiring room.
2. Recognizing that the defendant committed the Act in irresponsibility, or after the Commission of the offence fell ill a mental disorder, deprive him of the possibility to realize the actual nature and danger of his actions (inaction) either to guide them, the judge or the Court against the accused will make an appropriate ruling or determination in the manner provided by Chapter 51 of this code.
 
Article 416. The order meeting judges and collegiate decision-making in case 1. When peer case sentence is preceded by a meeting of judges and assessors of the Court. The presiding officer puts on authorization by a judge questions and wording in the sequence in which they appear in the article 414 of the present code.
2. When resolving each issue none of the judges and assessors of the Court does not have the right to abstain from voting, except as provided by paragraph 3 of this article. All the questions are solved by a majority vote. The presiding officer submits his vote last.
3. The judge (assessor), voter for the acquittal of the defendant and the remaining in the minority have the right to abstain from voting on the application of the criminal law. If other judges (assessors) had divergent views on the characterization of the offence or the penalty, then vote for acquittal, joins voice, submitted for qualification under the law providing for a lesser crime, and for the appointment of a less severe punishment.

4. Judge (assessor), remaining in the minority has the right to write in the retiring room in his dissenting opinion. Dissenting opinion of presiding is handed over. With special opinion the right to examine the Court of Cassation or supervisory instance when reviewing this case in the appropriate instance. Of an exceptional opinion of judge (assessor) are not parties to the proceedings in the courtroom, it is not disclosed, but is attached to the case. If dealing with a special opinion was not considered in the Court of cassation complaint or view, the sentence enters into force this thing together with special opinion shall be sent for validation to the Chairman of the superior court.
 
Article 417. Kinds of sentences, Sentence the judge or court may be indictment or acquittal.
 
Article 418. Sentence 1. Conviction includes a judge or a court decision on the defendant guilty of committing a crime.
2. When sentencing: 1) the penalty to be served by the convicted person;
2) is assigned to the criminal offence and the person is released from serving it;
3) not assigned to criminal penalties;
4) is assigned to probation.
3. A conviction may not be based on assumptions, it is imposed only upon confirmation of the defendant's guilt in committing the crime during the trial, the Court examined the totality of evidence.
4. When sentencing with the pronouncement of punishment to be served are unlawful, the Court must accurately determine the species, size, mode of punishment and start calculating the duration of his serving.
5. If at the time of sentencing: 1) has expired the term attract criminal responsibility;
2) adopted the Amnesty Act, which exempts from punishment assigned convict;
3) time finding the defendant in custody in this case, taking into account the rules of the event of pre-trial detention stipulated by article 66 of the Criminal Code of Turkmenistan, absorbs the sentence pronounced by the Court, the Court shall render a verdict with the sentencing and release from it.
6. the court convicting conditional condemnation in cases stipulated by article 68 of the Criminal Code of Turkmenistan.
 
Article 419. 1 acquittal. Supporting the verdict the Court recognizes and proclaims the innocence of the defendant of a crime on a charge on which he was brought to justice.
2. A judgement of acquittal shall be imposed in cases where: 1) is missing the event;
2) in Act of the defendant is absent;
3) defendant had nothing to commit a crime.
3. justification for any of the listed grounds means the acceptance by the Court of the defendant's innocence and entails his full rehabilitation.
4. If, in the judgement of acquittal the perpetrator remains unknown, the court sentence enters into force sends the criminal case to the Prosecutor to decide on the need for prosecution against another person.
 
Article 420. The resumption of the trial or criminal cases for further investigation 1. If the discussion in the retiring room issues identified in Article 414 of this code, the Court recognizes the necessary clarification of the specific circumstances of relevance to the case, then it is not deciding the sentence, resumes the investigation. About this judge shall order, court-definition.
2. at the end of the judicial investigation Court reopens trial debate and listens to the last word of the defendant.
3. If the Court or magistrate in the course of the meeting recognizes that it is important for the production of further investigation, it makes a reasoned determination about that.
 
Article 421. Drawing up of sentence 1. Allowing the issues specified in Article 414 of the present Code, the judge or the Court moves to the drafting of a sentence.
2. a sentence set out in the language in which the trial was conducted.
3. the sentence consists of an introduction, descriptive-motivational and conclusive parts.
4. a sentence can be written by hand, made typescript or computer way judge or one of the jurors of the Court involved in its making, and must be signed by a judge and jury trial. Judge and assessor of the Court left in dissent, also signs the verdict.
5. Fix the sentence should be negotiated and signed by the judge and court officers in the retiring room prior to the proclamation of the sentence.
6. modification of the sentence after his proclamation is not allowed.
 
Article 422. The introductory part of the sentence in the chapeau of the sentence States: 1) what sentence the name of Turkmenistan;
2) time and place of conviction; If meeting judges and jurors Court lasted several days, the time of the judgement recognized the day of its proclamation;
3) the name of the Court, sentencing, the court clerk, participants, their representatives, translator;

4) the surname, forename and patronymic of the defendant, year, month, day and place of birth, nationality, knowledge of the language in which the proceedings are conducted, citizenship, previous conviction and basis of release from serving a sentence, place of residence, where and by whom was working at the time of committing the crime, education, marital status, relationship to conscription, the awarding of State prizes and other information about the identity of the defendant, relevant to the case;
5) article, the part of paragraph criminal law providing for the offence with which the defendant is accused.
 
Article 423. Descriptive-the reasoning part of the conviction 1. Descriptive-the reasoning part of the conviction shall contain a description of the offence, the Court accepted as proven, it must be indicated the place, time, manner, form of guilt, the motives and consequences of crime. The verdict must be given evidence on which are based the conclusions of the Court with respect to the defendant, and the grounds on which the Court rejected other evidence. Specified circumstances, mitigating or aggravating responsibility and, in the case of recognition of a portion of the charges unfounded or establishing the wrong offence grounds and motives change charges.
2. In this part of the sentence, the Court must also indicate the reasons for the decision of all matters relating to the appointment of criminal punishment liberation from himself or from his actual departure, the application of other measures of impact.
3. descriptive-motivational part shall also contain a justification for the decisions and other matters specified in Article 414 of the present code.
 
Article 424. Operative part of the judgment of conviction 1. In the operative part conviction must be specified: 1) the surname, forename and patronymic of the defendant;
2) decision declaring a defendant guilty of a crime;
3) article, the part of paragraph criminal law under which the defendant is found guilty;
4) type and amount of penalty for each crime, the defendant who has been contested, as well as the final sentence to be served in accordance with articles 63, 64 of the Criminal Code of Turkmenistan. Upon appointment as a punishment of imprisonment, the Court specifies in sentence type and mode of the institution in which the accused must serve the sentence;
5) duration of the probationary period in the case of probation and duties assigned to convict;
6) decided to make representations to the President of Turkmenistan on deprivation of the convicted military, special or any other title, class ranking, diplomatic rank, qualification class, State Awards;
7) decision on classification of pre-trial detention, if before sentencing the defendant was detained or measure was applied to him in the form of custody or he was placed in a medical institution;
8) decision to impose compulsory care and the need to establish custody of convicted persons;
9) to measure against the defendant before the entry of judgment enforceable.
2. If the defendant is charged under several articles (parts items articles) of the criminal law, in the operative part of the sentence should be exactly what charges the defendant acquitted and on what charges was found guilty.
3. In case of conviction, release the defendant from serving the sentence, the Court shall indicate thereon in the operative part of the judgement.
 
Article 425. Descriptive-the reasoning part 1 acquittal. In descriptive-motivational part of the acquittal is entered: 1) the nature of the charges;
2) circumstances, fixed by the Court;
3) the grounds on which the Court recognizes unreliable or insufficient evidence on which was based the allegation of the defendant's guilt in the offence;
4) evidence, giving rise to the acquittal of the defendant;
5) the motives of the decision regarding the civil suit.
2. It is not allowed to use the acquittal formulations, questioning the innocence of justified.
 
Article 426. Operative part of the acquittal in the conclusive part of acquittal should contain: 1) the surname, forename and patronymic of the defendant;
2) decision declaring a defendant not guilty, and his acquittal; grounds for justification;
3) decided to lift the measure if it was applied;
4) decided to lift the measures of confiscation of property, as well as measures of damages, if any, have been taken;
5) clarification of the compensation order is associated with bringing to criminal responsibility.
 
Article 427. Other issues to be settled in the operative sentence in Resolutive part as the indictment and acquittal, in addition to the matters listed in articles 424 and 426 of the present code should contain: 1) the decision on a civil lawsuit;
2) solution to the question of exhibits;
3) decision on the distribution of procedural costs;
4) clarification of the order and term of appeal or cassation protest of swearing on the verdict.
 
Article 428. The resolution of a civil suit if conviction
 

1. When sentencing the Court depending on the proof of justification and sizes of a civil suit brought by a civil lawsuit satisfies in whole or in part, or refuses to his satisfaction.
2. If it is impossible to produce a detailed estimate on a civil lawsuit without a trial or deposition without obtaining additional materials court conviction, recognizing for victims the right to satisfaction of the claim, the question for consideration in civil proceedings.
3. When sentencing decision to recover money spent on inpatient treatment of citizens affected by the perpetration of criminal action was not taken, the recovery of these funds produced in civil proceedings.
 
Article 429. Resolution of civil action when making an acquittal when making an acquittal the Court: 1) refuses to meet civil action, unless the offence or the defendant had nothing to commit a crime;
2) leaves the claim without hearing the defendant in case of acquittal for lack of evidence.
 
Article 430. Ensuring civil action 1. In case of satisfaction of a civil action, the Court may, prior to the entry of judgment enforceable order adopting measures to ensure that the claim, if any, have not been previously accepted.
2. If a civil action has not been brought and damages caused by a crime has not been reversed by the Court may, upon conviction to take a decision on the adoption of measures to ensure the claim about what informs the relevant interested persons or organizations.
3. If the victim within six months from the date of entry into force of the sentence unless the claim in civil proceedings, measures taken by the Court to ensure a civil claim shall cease to be valid.
 
Article 431. Sentence 1. After signing the sentence, the Court returned to the courtroom and presiding officer or juror Court declares the verdict. All those present in the courtroom, including the composition of the Court, listened to the verdict.
2. If the sentence is contained in a language that the accused (acquitted) does not own, following the proclamation of the sentence shall explain to the defendant's mother tongue or in another language, which he owns.
3. The presiding judge shall explain to convicted (acquitted), other participants of the process, procedure and term for appeal, the right to become acquainted with the Protocol of the court session and the comments, as well as the right to participate in the consideration of the case on appeal. Justified should be explained his right to compensation for damage caused in connection with the illegal detention, bringing to criminal responsibility, the use of preventive measures, as well as the procedures for the exercise of this right.
4. If the parties do not object, can be proclaimed only introductory and operative part of the judgment.
 
Article 432. The release of a defendant from custody with the acquittal of the accused, sentencing in releasing him from serving a sentence, as well as condemning a sentence not involving loss of liberty, or deprivation of liberty, or when reaching the period of detention of the defendant in this case, the penalty imposed by the Court, the defendant must be released immediately from custody in the courtroom.
 
Article 433. Presentation of copies of sentence 1. Not later than five days after the proclamation of the sentence his copy must be presented and justified, Prosecutor osuždënnomu, sent the case to the Court. In the same period a copy of the judgement is awarded to the lawyer, the victim, civil plaintiff, civil respondent and their representatives, if their applications have been reported to the Court.
2. If the sentence is contained in a language that the accused (acquitted) does not speak, he should be awarded the translation of a sentence in his mother tongue or in another language, which he owns.
 
Article 434. Interlocutory decision (judgment) Court 1. The Court in the presence of grounds to makes the interlocutory decision (judgement), which drew the attention of governmental bodies and other organizations, public associations and officials established in the case of violations of law, causes and conditions conducive to the perpetration of crimes and requiring the adoption of appropriate measures.
2. private determination (decision) can also be issued by the Court when detected violations of the rights of citizens and other violations of law, irregularities in the inquiry, the preliminary investigation or proceedings in the lower court.
3. the Court shall have the right to private (order) draw the attention of the public associations and collectives on the improper behavior of individuals at work or at home or at public violations, civil or call of duty.
4. Court of trial materials may make interlocutory decision (judgment) and in other cases if it considers it necessary.
5. the Court may a private (order) bring to the attention of the relevant institution, enterprise or organization that citizen with a high awareness, courage in carrying out his public duty, helped curb or solve the crime.

6. Not later than in a month on private definition (the Decree) the necessary measures should be taken and the results reported to the Court that had issued the interlocutory decision (ruling).
7. For abandonment without considering private definitions (judgment) Court or failure to take action to eliminate these violations in it law, officials were prosecuted in the manner prescribed by the administrative legislation of Turkmenistan.
 
Article 435. Issues resolved by the Court simultaneously with the sentencing 1. If convicted to deprivation of liberty of minors, elderly parents in need of home care, other dependants, latchkey, simultaneously with the decision of conviction, the judge or the Court shall issue an order or ruling on the transfer of specified persons under guardianship or in the care of relatives or other persons or agencies, and if convicted of property or homes, latchkey,-measures to ensure their safety.
2. In the case of participation in the appointment of counsel, the judge or the Court simultaneously with the Decree of the sentence makes a decision or determination of the amount of remuneration payable for providing legal assistance to convicted.
3. Procedural decisions, referred to in the first and second parts of this article can be taken and after the proclamation of the sentence according to the persons concerned.
 
Section 8th. Proceedings before the Court of Cassation Chapter 44. Appeal and submission to the judicial decisions that have not yet become enforceable Article 436. Right of appeal and swearing to the submission to the verdicts in the Court of appeal 1. In accordance with the rules prescribed in this chapter, the court convictions that have not entered into legal force may be appealed or brought the parties to the Cassation Court.
2. the right of appeal belongs to the osuždënnomu, justified, their lawyers and legal representatives, the victim and his or her representative. The civil plaintiff, the civil defendant or their representatives are entitled to appeal against the verdict in relation to civil proceedings.
3. the right of swearing submission belongs to the public prosecutor involved in the case, either to the Prosecutor the relevant city, etrap etrap rights, the Prosecutor General and the city with Mashhad, Deputy Ministers, the Attorney-General and his deputies.
 
Article 437. Courts dealing with complaints and representations on that have not yet become enforceable sentences Sentences the judge or the Court which have not entered into legal force may be appealed and brought in cassation view: 1) sentences district courts, the courts of etrap rights-in velaâtskij Court, city with Mashhad;
2) sentences velaâtskogo Court and Court of the velayat is rights to the Supreme Court of Turkmenistan;
3) judgements of the Supreme Court of Turkmenistan in the Presidium of the Supreme Court of Turkmenistan.
 
Article 438. Order swearing complaints and representations on sentences 1. Complaints and views are brought through the courts, sentencing, however, filing a complaint and submission within the prescribed period directly to the Court of Cassation does not preclude consideration of the complaint and the view. Complaint and presentation received directly to the Court of cassation instance shall be in the Court, sentencing, for meeting the requirements of article 441 and 442 part 2 of article of this code.
2. Verdict in retrial may be appealed or brought representation in General.
3. Prior to the judgement, decision or determination, which ended the trial, until such time as the complaint and submit to other rulings or determination made by the court hearing the case shall not be permitted.
4. Definition of the assignments sitting of the Court on the appointment of the trial on appeal, and it is only up to the commencement of trial proceedings.
5. prior to the consideration of the case in the cassation instance court public prosecutor, brought Cassation Prosecutor view corresponding rights and cities with etrap etrap or higher prosecutor may withdraw the submission and the person who filed an appeal against the sentence, shall be entitled to withdraw the complaint.
 
Article 439. The timing of apologies from the view or appeal 1. The complaint and the view on the judgement of the Court of first instance may be brought within ten days from the day of proclamation of the sentence, and if the offender is detained, the appeal period is calculated from the day of handing him a copy of the judgement.
2. Within the period fixed for the appeal, the case may not be demanded from the Court.
3. a complaint or representation made over the period left without consideration and will be returned to the complainant or prinësšemu view.
4. Additional cassational appeals and submissions, as well as the written objections may be filed and brought prior to the consideration of the case in the Court of Cassation.
 
Article 440. To restore the time limit to file a complaint, sacrificing the submission
 

1. In the case of missing a deadline to file a complaint or sacrificing submission on sentence for justifiable reasons persons having the right to submit a cassation complaint or sacrificing submission, may petition the court convicting, for renewal of a missed period. The rehabilitation period is decided by a court convicting, in the assignments sitting. The Court may cause a person to the municipal petition to give explanations.
2. the definition of the Court of Justice on refusal of renewal of a missed period can be appealed, it brought an idea to a higher court, which has the power to restore the missed deadline and to consider the case on the complaint, submitted in compliance with the requirements set out in article 441 and 442 of part two article of this code.
 
Article 441. Notice of complaint and bringing your presentation 1. On the filing of a complaint or bringing your submission the court sentencing, notify the convicted, acquitted, lawyer, public prosecutor, the victim and his/her representative, as well as civil plaintiff, civil respondent or their representatives, if their interests are affected. A copy of the complaint, the submission is sent to specified individuals explaining the possibility of submitting to the objections in writing, indicating the duration of their submission.
2. The objections received to the complaint submission, attached to the case.
3. the Parties shall have the right to confirmation of the reason for the submission of complaints or objections outlined against the complaint, reporting on other parties to submit new materials to the Court or apply for a summons out of witnesses and experts.
 
Article 442. The consequences of a complaint and sacrificing submission 1. And the submission of a complaint shall suspend execution of the sentence.
2. upon expiration of the deadline for appeal, sacrificing the submission to the court verdict, sentencing in three-day term directs deal with grievances, views and objections to them into the appeal instance and notifies the parties of the day for the consideration of the case on appeal.
3. a person who had lodged an objection, witnessed the presentation of the verdict prior to the sessions of the Court shall be entitled to change or add new arguments their claim, representation. Meanwhile, in a further submission of the public prosecutor to amend or supplement the submission, as well as additional complaint by the victim, his legal representative filed after the expiration of the appeal and sacrificing presentation at sentence, could not be asked about the deterioration of the situation of the convicted person, if such a requirement is not contained in the original submission or complaint.
 
Article 443. Appeal and the submission to the Court of first instance and the judge's ruling 1. On the definition of the Court of first instance and the judge's ruling, except those listed in part 2 of this article may be brought by a private presentation of the complaint to the persons referred to in article 436 of the present code.
2. Non-appealable oath of submission to the rules of this chapter, the definitions and regulations relating to the order of examination of evidence in legal proceedings, Petitions, elect actors, modify or abolish measures crossing, as well as the maintenance of order in the courtroom, in addition to definitions or resolutions on the imposition of a monetary penalty or a fine. Objections to the above can be summarized decisions on appeal or bringing the submission on sentence in the Court of Cassation.
3. Private complaint, view on the definition of the Court of first instance and the judge's order is filed in the superior court within ten days from the date of the contested decision and is seen by rules of appeal. Based on the results of consideration of the ruling to uphold the complaint submission without satisfying either abolishing or amending the contested decision.
4. In case of appeal, sacrificing the submission to the determination made during the trial, which ended in a conviction, the case is sent to superior court only on expiry of the deadline for appeal. However, if the Court of cassation complaint, the verdict brought a view, check a private complaint submission is made by the Court, which deals with the matter by way of Cassation.
5. To appeal against the decision (judgment) Court (judge) has the right to other persons, the parties in this case, if in the determination or order addresses their interests.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 444. Limits the consideration of the case in the Court of appeal 1. The court hearing the matter by way of Cassation verifies the legality, validity, fairness of the sentence only insofar as the sentence appealed against, or born and only for those prisoners whose interests are affected by the complaint or submission.
2. Upon detection during the consideration of the cases of violations of the rights and legitimate interests of convicts, which entailed the imposition of unlawful sentence, cassation instance court shall be entitled to cancel or amend the sentence in part, which was not challenged and is not born and in respect of persons about whom the complaint is filed, the view is not.
 

Chapter 45. Consideration of the criminal case in the Court of Cassation Article 445. For review in the Court of Cassation in the case of complaints of Cassation and views the Court verifies the legality, validity, fairness of sentence definition and rulings according to case or additionally submitted materials.
 
Article 446. The composition of the court seised of the case on the complaints and representations in cassation proceedings on complaints and submissions are dealt with in the Court of Cassation Chamber consisting of three judges, one of whom shall preside in the case.
 
Article 447. The timing of the consideration of the case in the Court of appeal 1. Velaâtskij Court, city of Mashhad with the need to consider complaint or representation not later than fifteen days from the date of its receipt. When the particular complexity of the case or in other exceptional circumstances, the President of the Court in its ruling may extend this term, but not more than ten days.
2. The judicial Board for criminal cases of the Supreme Court of Turkmenistan, the Presidium of the Supreme Court of Turkmenistan should consider the case, received the complaint or submission, no later than one month from the date of its receipt. In exceptional cases, the President of the Supreme Court of Turkmenistan by decree or his Deputy may extend this term, but not longer than one month.
3. with the extension of the term of consideration of the case in the Court of Cassation parties process should be notified in a timely manner.
 
Article 448. Complaints and views from the Cassation Court 1. Complaint or view accruing from the Cassation Court must contain: 1) the name of the Court that receives the complaint or submission;
2) data about the person overseeing the complaint or prinësšem (as someone involved in the case, his place of residence or location);
3) sentence or another solution, which on appeal or is the view, and the name of the Court which it;
4) the arguments of the complainant or prinësšego idea what is wrong sentence or another solution, its specific request;
5) list annexed to the complaint or submission of materials;
6) the signature of the complainant or prinësšego view.
2. If the complaint or submission does not meet the requirements provided for in the first paragraph of this article, that is an impediment to the consideration of the case, the complaint or submission shall be deemed filed, but the judge, assigning dates to their renewal, gets them.
 
Article 449. Persons involved in a case in the Cassation order 1. In the court hearing the case in the Court of Cassation, the prosecutor participates. The meeting of the Court, counsel may participate as well as the injured party, the civil plaintiff, the civil defendant or their representatives.
2. the absence of the persons, the parts in a timely manner about the place and time of the meeting of the Court of cassation instance may not prevent the consideration of the case.
3. The issue of participation of the convicted person in the court hearing the case on appeal, this Court is permitted. The dynamics in the meeting of the Court convicted or acquitted in all cases, it is possible to give an explanation.
4. Persons who, in accordance with part two article 436 of the present Code shall have the right to appeal against the verdict, as well as lawyer of the convicted (acquitted) or the representative of a victim, have accepted the order after sentencing in all cases allowed in the hearing of the Cassation Court. At their request, they are given the floor to speak in support of the complaints or representations or objections brought to them.
 
Article 450. The authorities of cassation instance court 1. In a case before the Court of Cassation with the cassation complaint or representation, the Court (in the preparation of cases for trial-judge) at the request of the Parties shall have the right to: 1) appoint a forensic psychiatric examination;
2) appoint another examination, if its conduct may according to the materials;
3) documents related to the State of health, marital status and information about previous convictions of a condemned man.
2. If there is ambiguity in the statement of witnesses (victims) in the trial protocol, giving the possibility of differing interpretations, the Court at the request of the parties has the right to question that witness (the victim). In this case, part of a condemned man in court is mandatory. The witness (the victim) in the manner provided by paragraph 2 of article 393 of this code, shall be liable for perjury and refusal to testify, his evidence with the Registrar shall be entered in the minutes of the meeting and shall be considered as evidence.
 
Article 451. Be bound by the instructions of the Court of cassation instance 1. Specify the Court, submitted the case to the cassation proceedings are required in conducting further investigation and consideration at the second trial.

2. the court hearing the case on appeal is not entitled to install or take proven facts that were not installed in the sentence or have been rejected by it, nor has the right to pre-empt questions about evidence or failure to substantiate charges about the reliability or unreliability of this or that evidence and about the benefits of some of the evidence in front of the other, on the application by the Court of first instance of criminal law and the punishment.
 
Article 452. The order of consideration of the case in the Court of appeal 1. Presiding court session opens and announces what is and who the complaint or submission. Then the presiding officer announces the composition of the Court, persons who are parties to the case, present in the meeting, other participants in the court process.
2. The presiding judge shall explain to participating in the meeting of the parties their rights in proceedings before the Court of Cassation.
3. The presiding officer asks participants process whether they have bends and motions, and based on the results of their examination, the Court shall issue a ruling.
4. Consideration of the case begins with the presentation of the rapporteur-judge the merits of the appeal, content and presentation.
5. Then osuždënnomu or justified, their counsel, the victim and his or her representative, civil plaintiff, civil respondent or their representatives if these persons participate in the court hearing, give the floor to present its position on the case. The Court then hears the Prosecutor's conclusion on the legality and validity of the sentence and removed the deliberation room to make a determination.
6. the confirmation or refutation of arguments listed in complaint or view of a person referred to in paragraph 5 of this article, shall be entitled to submit to the Court of Cassation prior to the consideration of cases additional materials. Additional material cannot be obtained by investigative action. Person submitting additional materials to the Court is obliged to indicate in what way they are received and necessitating their submission. On the acceptance or rejection of additional materials, the Court, after hearing the opinion of the parties, shall determine. If additional materials are relevant to the determination of the case, they may serve as grounds for reversal and sending the case for reconsideration or further investigation. Changing the sentence or cancel it with the end of the case on the basis of further submissions are not allowed, except when contained in such materials, data or information, do not require additional testing and evaluation by the Court of first instance.
7. trial Schedule and measures taken against violators, are determined by the rules contained in articles 369 and 370 of the present code.
8. the Court of Cassation hears cases in open court, except in the cases specified in article 27 of this code.
9. Dissenting opinion of one of the judges who participated in the proceedings before the Court of Cassation, and the essence of the dissenting opinion should be reported to the President of the Court. The President of the Court decides a question about bringing the protest or form an opinion on the case of judicial review.
 
Article 453. Determination made by the Court of Cassation as a result of consideration of the case in the Cassation Court hands down one of the following definitions: 1) abandonment of a sentence or a contested court decision without changes, and complaints or view-without satisfaction;
2) to quash the conviction or a contested court decision and dismiss the case;
3) to change a sentence or a contested court decision;
4) to quash the conviction or a contested court decision and direction of the case for a new trial, respectively, in the Court of first instance or the appointment of a trial;
5) to quash the conviction or a contested court decision and direction for further investigation on grounds specified in the first part of article 342 of the criminal code.
 
Article 454. Grounds for cancellation or commutation of the sentence in the Court of Cassation shall be grounds for cancellation or commutation of the sentence in the Court of Cassation are: 1) unilateralism or incomplete inquiry, preliminary or judicial investigation;
2) inconsistency of conclusions of the Court, contained in the sentence, factual circumstances of the case;
3) material breach of the law on criminal procedure;
4) incorrect application of the criminal law;
5) inconsistency of the court-appointed punishment to the gravity of the offence and the individual circumstances of the convicted person.
 
Article 455. Unilateralism or incompleteness of the initial inquiry, pre-trial investigation or court 1. Unilateral or incompletely spent admits inquiry, preliminary or judicial investigation, which has left unclarified circumstances, the establishment of which may be significant in determining the sentence.
2. The inquiry, preliminary investigation and admits one-sided or incomplete in the case when the case: 1) were not interrogated, whose testimony is essential to the case, or examination was not carried out when her conduct by law is required, nor were documents or physical evidence essential;

2) have not been verified by the circumstances specified in the definition of the Court, making the case for the production of further investigation or for a new trial;
3) are not installed with sufficient completeness of the identity of the man.
3. the sentence is cancelled and, if the need for research or other circumstance derived from additional submissions in the appeal instance.
 
Article 456. Non-conformity of the Court's findings, contained in the sentence, the actual circumstance of the case Verdict recognizes that does not correspond to the facts of the case: 1) if the Court's conclusions are not supported by the evidence, considered in the court session;
2) if the Court does not consider circumstances that could significantly affect the conclusions of the Court;
3) If you have contradictory evidence essential to the conclusions of the Court, the sentence does not specify on what grounds the Court took some of this evidence and rejected the other;
4) if the Court's conclusions, contained in the sentence, contain significant contradictions that have affected or could affect the solution of the question of guilt or innocence has been convicted or acquitted on the correct application of the criminal law or the determination of the sentence.
 
Article 457. A significant breach of the law on criminal procedure 1. Significant violations of the criminal procedure law recognized violations of the principles and other general provisions of this code, in the case that through the deprivation or restriction of the rights guaranteed under the law of the non-compliance procedure of the participants in the proceedings or otherwise prevented fully, fully and objectively investigate the circumstances of the case and have affected or could affect the decision lawful sentence.
2. a sentence shall be subject to cancellation when unilateralism or incompleteness of the investigation resulted from the erroneous exclusion of proceedings admissible evidence or unjustified refusal to study evidence that may be relevant to the case or the evidence subject to compulsory neissledovanie study.
3. the sentence shall be subject to cancellation in all cases, if: 1), the Court in the presence of grounds set out in article 33 of the present Code shall not cease criminal case;
2) sentence unlawful composition of the Court;
3) case considered in the absence of the defendant, except in the cases referred to in Article 353, paragraph 2 of the present code;
4) case examined without participation of a lawyer, when his involvement in law is required;
5) in court violated the defendant's right to use the mother tongue or the language, which he owns, and the services of an interpreter;
6) the defendant is not granted the right to participate in court debates;
7) the accused is not provided the last word;
8) violated the secret meeting of judges in sentencing;
9) verdict is not signed by any of the judges;
10) in the case of missing court records or court session protocol is missing the signature of the presiding judge or the clerk of the Court.
 
Article 458. Incorrect application of the criminal law is penal law misuse: 1) violation of the requirements of the general part of the Penal Code of Turkmenistan;
2) application of the article or part (item) articles of the special part of the Criminal Code of Turkmenistan, which is not subject to;
3) imposition of a more severe sanction than the corresponding article of the Criminal Code of Turkmenistan;
4) misinterpretation of the law, contrary to its exact meaning.
 
Article 459. Mismatch penalty imposed by the Court, the gravity of the offence and the personality of the convicted person does not correspond to the gravity of the offence and the personality of the convicted person admits the punishment, which, though not beyond the prescribed sanction of the relevant article of the Criminal Code of Turkmenistan, but according to his own mind and the size is unfair as a result of excessive leniency and severity.
 
Article 460. Cancellation of conviction with the termination of the proceedings before the Court of cassation instance court reverses the conviction and terminates in accordance with the procedure stipulated by this code, if the grounds provided for in paragraphs 1 and 2 of the first paragraph of article 31, clause 33 of the present code and articles 71 and 73 of the Criminal Code of Turkmenistan, as well as if the evidence considered by the Court of first instance established the innocence of the convicted person in committing the alleged act, and there is no reason for the production of further investigation or a new trial.
 
Article 461. Cancel an acquittal 1. Acquittal may be cancelled in the Court of cassation only on the recommendation of the Procurator or on the complaint of the victim or his representative, as well as on the complaint justified in court, is not consonant with the grounds of justification.
2. definition of acquittal, dismissal or other decision rendered in favor of defendant, cannot be undone in explanation of significant violations of the Criminal Procedure Act, if innocence justified not in question.
 
Article 462. Cancellation of the sentence with the direction of the case for a new trial
 

1. If you cancel the verdict one-sided or incomplete judicial investigation, inconsistencies of the findings in the sentence of the Court, the facts of the case significant violations of the Criminal Procedure Act, which have affected or could affect the legality of the sentence or the verdict because of the need to apply criminal law on more grave crime or more easy penalties, the case is sent to the new Assize Court in sentencing, for consideration in a different panel of judges or in another court.
2. Cancel the sentence in connection with the necessity of application of the criminal law on more grave crime or in connection with the appointment of a lighter penalty is possible only in the case of sacrificing the submission or filing a complaint the victim or his representative.
 
Article 463. Change sentence 1. In the case of incorrect application of the criminal law by the Court of first instance, the Court of Cassation may apply to osuždënnomu less serious crime Act and a lighter sentence in accordance with different qualifications Act, but cannot apply the law on more grave crime or increase the sentence.
2. Recognizing the assigned convict punishment unfair due to his excessive severity, cassation instance court shall be entitled to reduce or mitigate this punishment without changing qualifications.
3. the Court of Cassation has the right to increase the size of the penalty, if it is associated with the removal of arithmetical errors or errors in classification, the period of pre-trial detention.
4. the Court of Cassation has the right to take decisions referred to in paragraph 3 of this article, only if on those grounds was brought by the Prosecutor, the complaint submission victims or his representative.
 
Article 464. The substance of the definition of Court of cassational instance 1. The Court of Cassation consists of an introduction, descriptive-motivational and conclusive parts.
2. In the introductory part of the definition must include: 1) time and place of the determination;
2) the name of the Court and the judges of the Court of Cassation bench, gave the definition;
3) person complaining or bringing view in the Cassation Court;
4) persons involved in a case in the Court of Cassation.
3. Descriptive-the reasoning part of the definition should contain a summary of the arguments of the complainant or which submission, objection, other persons involved in the Court of Cassation, as well as the motives for the decision. If the complaint or view dismissed, then specify the grounds on which the arguments of the complaint or submission found to be unsubstantiated or irrelevant. When you cancel or change the sentence indicated the requirements of any articles of the penal or criminal procedure law have been violated, and what are these violations; the grounds on which the sentence imposed by the Court of first instance recognized unfair. In case of sending the case to a new trial or further investigation should indicate which violations of law should be eliminated. The Court of cassation instance may not prejudge questions about evidence or failure to substantiate the accusations about the reliability or unreliability of this or that evidence and about the benefits of some of the evidence in front of the other, on the application by the Court of first instance of criminal law and the punishment.
4. In the operative definition of specified decision of the Court of cassation complaint or view.
 
Article 465. Determination in the Court of appeal 1. The definition in the Court of Cassation shall be made in the retiring room, signed by the entire composition of the Court and shall be delivered in the courtroom.
2. In compliance with the requirements of paragraph 1 of this article, the Court may announce only this part of the definition followed by the rest of his design.
 
Article 466. Appeal to the Court of Cassation execution 1. The definition of Court of cassational instance not later than seven days after its issuance shall be sent together with the case in court, sentencing.
2. If the accused participates in meeting of the Court of Cassation, the definition in part release from detention is executed immediately. In other cases, a copy of the determination of the Court of Cassation or an extract from the conclusive part of the definition is directed immediately to the administration of detention centres for the execution of the decision to release the convicted person from custody.
3. determination of the Cassation Court to quash the conviction and referral for further investigation, together with the case, the complaint or submission and further submissions is sent directly to the Prosecutor, and the definition of a referral for reconsideration-Court, that the case for a new trial. A copy of the determination in these cases is forwarded to the court sentencing.
 
Article 467. Rehearing in the Court of Cassation
 

1. If for any reason the complaint or representation in respect of some of the prisoners filed within the prescribed time-limit, be submitted to the Court of Cassation, after considering the case against the other prisoners or if the missed deadline was restored by the Court in the manner provided for in article 51 of this code, as well as if a condemned man, his counsel or legal representative, where the case against the convicted person has already reviewed the complaint or view other party process the Cassation Court is obliged to consider such complaint or view and make the determination.
2. If the decision once again enters into conflict with previously rendered, the Court shall explain to the participants of the process of the right to bring a complaint in the manner prescribed by chapter 47 of this code.
 
Article 468. The proceedings before the Court of first instance after the cancellation of the original sentence in the Court of second instance 1. After the cancellation of the initial sentence case to be reviewed in a general way.
2. strengthening the punishment or application of law on more grave crime in the new consideration of the case by the Court of first instance shall be permitted only if the original sentence was cancelled due to the softness of punishment or in connection with the necessity of application of law on more grave crime on the recommendation of the Procurator or cassation complaint of the victim or his representative, as well as when a new investigation of the case after the verdict the circumstances will be installed evidence of the accused having committed more serious crime.
3. in the new case, the Court of first instance is not entitled to: 1) admit a condemned man guilty in the part of the prosecution, which had been deleted by the original sentence if the sentence in this part was not cancelled on the complaint or submission of the prosecution;
2) increase penalties, appoint to serve part of their period of incarceration in prison, assign an additional penalty or apply the law on more grave crime, if the original sentence suspended on the complaint submitted by the prosecution, not on these grounds.
4. a sentence pronounced by the Court of first instance as a new case can be lodged either sacrificed representation in General. However, if the original sentence suspended on the complaint submitted in favour of a condemned man, and the second sentence suspended on the complaint submitted by the prosecution for the softness of punishment or in connection with the need to apply the law on more grave crime, the court hearing the case for the third time, may appoint a more severe penalty or apply the law on more grave crime than on the second sentence, but may not increase the penalty or apply the law on more grave crime compared to the original sentence.
 
Article 469. Procedure for the consideration of private complaints and views on the definition of the Court of first instance and the Court of Cassation rulings of a judge considers private complaints and views on the definition of the Court and the judge's order, referred to in article 443 of the present Code, in the same manner as complaints and views on court convictions, but only in part only those actions of the Court and the persons against whom they are brought.
 
Article 470. Interlocutory decision of the cassation instance Court, hearing the case in a Court of Cassation, in the presence of grounds stipulated in Article 434 of this code renders the interlocutory decision.
 
Chapter 46. Enforcement of judgments Article 471. The entry into force of the sentence and its execution 1. Judgement of the Court of first instance, if it was not appealed or not brought view shall enter into legal force upon expiry of the term set for appeal or sacrificing the submission by way of Cassation. In the case of sacrificing the complaint or submission in cassation, if it is not cancelled and is not discontinued, enters into legal force after consideration of the case by the Court of Cassation.
2. The judgement of the Court of first instance refers to the execution not later than three days from the date of entry into force or return the case after a review in cassation proceedings.
3. If a verdict had not been carried out within the time limits provided for by article 79 of the Penal Code of Turkmenistan, the convict is released from serving his sentence.
4. If there are several prisoners, if the verdict is appealed or brought an idea at least for one of them, a sentence against all convicted does not enter into force prior to the consideration of cases in cassation proceedings.
 
Article 472. The decision or ruling in force and bringing it into compliance 1. Ruling or determination of the Court of first instance enters into force and calls for execution upon expiry of the term set for the appeal, sacrificing the view. If you brought the complaint or submission, Regulation (definition) comes into legal effect and appealed for execution after a trial in a higher court.
2. Regulation (definition) the Court is not appealable or sacrificing the submission, shall enter into force and calls for execution immediately on its making.

3. Regulation (definition) of the Court to dismiss the case, pronounced in deciding on the appointment of the court hearing or trial, shall be subject to immediate execution as it relates to the release of the accused or defendant from custody.
4. the definition of Court of cassational instance enters into force from the moment of its proclamation, is final and may be reviewed only in the manner provided for in chapters 47, 48 of this code.
5. The Court of cassation appeals to execution in the manner provided for in article 466 of the present code.
6. the definition of court on parole from a sentence, unserved part of a sentence more lenient and exemption from punishment in connection with severe disease, regardless of whether it appealed or challenged, immediately takes effect and calls for execution from the moment of its proclamation.
 (As amended by the Act of August 4, 2011-Statements of the Mejlis of Turkmenistan, 2011, # Article _ _) article 473. Access to the execution of the sentence, court rulings 1. The verdict entered into legal force, the decree and the Court are binding on all State bodies, local self-government bodies, legal persons, officials, citizens and are subject to rigorous implementation throughout the territory of Turkmenistan. Failure to comply with a sentence that has entered into force, regulations and definitions of a judge or a court representative authorities, government officials, as well as employees of commercial or other organization, or resist their implementation entails criminal liability.
2. execution of sentence, ruling and determination rests with the judge or court hearing the case at first instance. Order the execution of the sentence the Court shall, together with a copy of the sentencing authority, on which, in accordance with the penal law responsibility of enforcing a sentence. In the event of a change in the sentence of the Court of first instance of Cassation or supervisory order, the copy of judgement is attached a copy of the ruling or order a second Cassation or supervisory instance.
3. If the sentence stated that the question of deprivation of the convicted State award of Turkmenistan, military, special or any other title, class ranking, diplomatic rank, or qualifier class assigned by the President of Turkmenistan, the Turkmen Supreme Court directs representation of the President of Turkmenistan of a judge or court verdict on deprivation of the convicted person criticizes State Awards, these ranks, class ranking, diplomatic rank or qualification class, as well as a copy of the judgement and the certificate of its entry into force.
4. the authorities performing the verdict immediately informed the Court that rendered the verdict, on the execution of the sentence. The administration of the correctional facility shall inform the Court handed down the sentence, about the place of serving punishment of prisoners and to release him. The judge or the Court that rendered the verdict is obliged to supervise the execution of the sentence, determine and order.
 
Article 474. The sentence if there are other outstanding convictions in the case where the prisoner has not resulted in sentences, what was not known to the Court that had issued the latest verdict, this Court or the eponymous court enforcement, in accordance with articles 63 and 64 of the Criminal Code of Turkmenistan, shall make a determination on the application to osuždënnomu punishment on all the sentences.
 
Article 475. Provision of relatives visiting convicts To treatment of sentence for execution, the President of the Court shall give the close relatives of a condemned man in custody, at their request, the possibility of visits and telephone conversation with prisoners.
 
Article 476. Notification of the relatives of the condemned man and the civil plaintiff on appeal of sentence for execution 1. Upon the entry into force of a sentence of imprisonment of a condemned man in custody, the administration of the detention facility is obliged to inform his family or a close relative of a convict sent to serve their sentences.
2. On the treatment of sentence for execution in case of satisfaction of a civil action plaintiff informed judicial executor.
 
Article 477. The exemption from punishment of a condemned man, ill heavy illness 1. In the case where a person is convicted to imprisonment fell ill while serving their sentence or other severe chronic mental illness that prevents served punishment, the Court, at the joint nomination of the administration of the correctional institution and the Supervisory Commission for the execution of criminal penalties with etrap khyakimliks or etrap rights city at the location of the correctional institution on the basis of the opinion of a medical Committee has the right to make a determination about the release that person from further punishment.
2. Upon release from further service of sentence of a condemned man, sick of chronic mental illness, the Court may apply compulsory medical measures or refer it to the care of health authorities.

3. in determining exemption from further service of sentence persons afflicted with severe disease, but cases of chronic mental illness, the Court shall consider the seriousness of the offence, the personality of the convicted person and other circumstances.
4. If the person osuždënnoe a sentence not involving loss of liberty, the flu or other severe chronic mental illness, the Court shall determine in all cases for release him from further punishment.
5. If a person serving a sentence of imprisonment, it was placed in a medical institution, whilst staying in it is counted in the duration of the sentence.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 478. Parole from a sentence and replacing punishment milder 1. Parole from sentences and undischarged portion of punishment more lenient punishment in cases referred to in articles 75 and 76 of the Criminal Code of Turkmenistan, shall be applied by the Court at the place of departure of the unlawful punishment on the joint nomination of the body responsible for the enforcement of penalties, and the Supervisory Commission for the execution of criminal penalties with etrap khyakimliks or etrap rights city at the location of the facility.
2. Parole from sentences and undischarged portion of punishment more lenient punishment to persons who commit a crime under the age of eighteen, in accordance with article 91 of the Criminal Code of Turkmenistan shall be applied by the Court on a joint submission by the body responsible for the enforcement of penalties, the Commission for minors and Supervisory Commission for the execution of criminal penalties with etrap khyakimliks or etrap rights city at the location of the facility.
3. From the punishment of deprivation of right to hold certain posts or engage in certain activities the Court releases on the petition of public associations, labour collective or convict.
4. In case of refusal, the Court on parole from serving the sentence or unserved part of a sentence more lenient punishment retrial submissions on these issues can take place no earlier than six months from the date of determination of the refusal.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) Article 479. Modified by the Court the conditions of detention of persons sentenced to deprivation of liberty during the serving of the sentence 1. Change the look of a correctional institution, appointed a court verdict on the joint nomination of the body responsible for the enforcement of penalties, and the Supervisory Commission for the execution of criminal penalties with etrap khyakimliks or etrap rights city at the location of the facility.
2. in case of refusal of the Court to transfer the colony of special regime penal colony, from prison, reformatory, reconsideration of the submission on the matter can take place no earlier than six months from the date of determination of the refusal.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 480. The courts allow for issues related to the enforcement of the sentence 1. Deferred questions to serve a sentence in accordance with article 78 of the Criminal Code of Turkmenistan, on release from serving a sentence in accordance with article 79 of the Criminal Code of Turkmenistan, on compensation for damage caused, the replacement of a fine, attachment of earnings and on imposing duties to stay in a particular area under articles 46, 47, 50 and 511 of the Criminal Code of Turkmenistan, other penalties, to extend, change and termination of the term of use of coercive measures of a medical nature in accordance with article 98 of the Criminal Code of Turkmenistan on the application of coercive measures of a medical nature in relation to alcohol, drugs or suffering from substance abuse, in accordance with part 2 of article 94 of the Criminal Code of Turkmenistan and Criminal-Executive legislation of Turkmenistan, as well as all sorts of doubts and ambiguities arising in the execution of the sentence, shall be settled by the Court ruling.
2. If the sentence is carried out outside the Court, sentencing, then these issues are resolved the same court, in the absence of enforcement in the District of the same name Court-superior court. In this case, a copy shall be sent to the Court the court imposing sentence.
3. Questions about release from serving a sentence in connection with severe illness, the treatment facility, on parole from a sentence, on the part of unserved punishment more lenient to his views on the transfer of the colony to colony, from one kind of penal colony in some sort of penal colony colony in jail and prison colony, exemption from punishment in the form of re-education through labour in connection with the disablement or the achievement of retirement age shall be settled by the Court of ètrapskim City Court at the place of etrap rights serving punishment of prisoners, regardless of how the Court was handed down the sentence.

4. Questions about repealing or supplementing the obligations given to conditional condemnation, cancellation of probation prior to the expiration of the probationary period, the extension of the probationary period or the lifting of the probation, and towards the convict to serve his imprisonment in accordance with articles 68, 69 of the Criminal Code of Turkmenistan, on exemption from punishment of a condemned man, in respect of which the sentence has been postponed, as well as the abolition of such deferment of serving the sentence and the direction of the convict to serve a prison term on the grounds stipulated by article 78 of the Criminal Code of Turkmenistan shall be resolved by the Court at the place of residence of the convicted person.
(As amended by the Act of August 4, 2011-Statements of the Mejlis of Turkmenistan, 2011, no. _ calendar _) Article 481. The procedure for resolving issues related to the enforcement of the sentence 1. Issues related to the enforcement of the sentence, shall be considered by the Court, at the joint presentation of the agencies responsible for the enforcement of penalties, and the relevant body, providing a minor correction or the Supervisory Commission for the execution of criminal penalties with etrap khyakimliks or etrap rights city at the location of the facility. In a hearing called by representatives of institutions and organizations on the submission of the case is being examined.
2. in cases where the execution of the sentence suspended, convicted exempted from punishment due to severe illness, released from serving sentence due to the lapse of conviction, the sentence is executed if there are other outstanding sentences, in view of the publication of the criminal law has retroactive effect, exempted from punishment or sentence him reduced as a result of amnesty or pardon, explaining all sorts of doubts and uncertainties arising in the execution of the sentence, the appeal of a condemned man can be used as a basis for consideration by the Court.
3. in its consideration of the question by the Court on parole from a sentence, on the part of unserved punishment more lenient about the direction given from one colony to another colony or colony that kind of regime penal colony in jail and prison colony invited a representative of the authority responsible for the enforcement of sentences.
4. in the cases contemplated in part 3 of article 480 of the present Code, the convicted person must be present at the trial. The accused has the right to become acquainted with the data cited in the court session, participate in their examination, submit petitions and challenges, provide explanations, submit evidence.
5. The accused may exercise their rights with the assistance of a lawyer. When the Court issues related to the enforcement of sentences, as well as persons suffering from physical and mental disabilities, denying them the opportunity to exercise their right to protect, and do not know the language in which the proceedings underway, and illiterate, participation of a lawyer is mandatory.
6. during its consideration of the question by the Court for the release of a condemned man in connection with a severe illness or to place it in the medical establishment necessarily, the presence of a representative of the Medical Commission, which gave its opinion.
7. If the matter concerns the enforcement of a sentence in part of a civil lawsuit in the trial is also called the civil plaintiff or his representative. The absence of the designated persons does not preclude consideration of the case.
8. At the hearing the prosecutor participates.
9. consideration of the case begins report representative body, on presentation of which is considered the case, either the claimant's explanation. It then examines the evidence, listened to the explanations of persons presenting themselves at the hearing, the Prosecutor's conclusion. Then the Court is removed in the deliberation room to make a determination.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) 482. Consideration of applications for withdrawal of criminal record 1. The question of the removal of the conviction until expiry of conviction, but not earlier than the expiration of half of this period, when perfect behaviour of the convicted person after serving a sentence in accordance with part of the fourth article 81 of the Criminal Code of Turkmenistan on his application before the Court at the place of residence of the person who served a sentence.
2. When considering the lifting of criminal record participation in the judicial sitting of the person who served a sentence, necessarily.
3. review begins hearing the explanations of the applicant with the application, and then examines the evidence and heard caused by individuals.
4. A request for the lifting of criminal convictions may be stated again after at least one year from the date of the determination, on the recognition of their criminal records have been expunged.
 
Article 483 recognized lapsed-Turkmenistan law dated August 4, 2011-(statements of the Mejlis of Turkmenistan, 2011 # Article _ _) article 484. Appeal or until such time as the submission to the Court Ruling or determination made by the judge or court, when resolving issues related to the enforcement of sentences may be appealed or brought the presentation to the Court of cassation instance according to the rules stipulated in Chapter 44 of this code.
 
The ninth section. Review of court decisions that have entered into legal force
 

Chapter 47. Proceedings before the Court of supervisory instance Article 485. Protest entered into an enforceable sentence, definitions and court orders about bringing the submission of conclusion and making submissions, appeal 1. In order to verify the legality and validity of the sentence that has entered into force, the definition and rulings of a judge or court may be sacrificed protest by way of supervision and can also be given to the conclusion of, a submission is made or it can be appealed.
2. complaint by way of supervision on the verdict entered into legal force, determination and the judge's ruling or court may bring: 1), the President of the Supreme Court of Turkmenistan and Turkmenistan's Prosecutor General sentences, definitions and regulations any judge or Court of Turkmenistan, including the decisions of the Bureau and the plenary session of the Supreme Court of Turkmenistan;
2) Vice-Chairmen of the Supreme Court of Turkmenistan and Turkmen deputies of General Procurator of the sentences, definitions and regulations any judge or Court of Turkmenistan, with the exception of the decrees of the Bureau and the plenary session of the Supreme Court of Turkmenistan.
The protest by way of supervision can be bought, respectively, in the Court of the Supreme Court of Turkmenistan.
3. prosecutors velayat and cities with Mashhad may be submitted represent velaâtskogo, the Presidents of the Court of Justice and the Court of the velayat is rights of detention, convicted and their lawyers-complaint on sentences, definitions and rulings of the ètrapskogo Court and Court of etrap and their rights, determine judicial Board on criminal cases of velaâtskogo vessels and vessels of the city from Mashhad.
4. a person who prinësšee protest, negotiation and representation of complainants by way of supervision has the right to withdraw it prior to its discussion in Court of supervisory instance. The General Prosecutor of Turkmenistan or the President of the Supreme Court of Turkmenistan may be revoked by the protest, brought by their deputies.
5. complaints by way of supervision of persons not specified in part III of this code, may be considered by way of supervision by authorized persons, vnësšimi presentation and original conclusion.
 
Article 486. Discovery of criminal proceedings the public prosecutor's Office and court officials referred to in article 485 of the present Code shall have the right to claim, within its competence, any criminal proceedings to resolve the question of bringing the protest at the verdict entered into legal force, determination or decision of a judge or the Court, as well as to address the issue of giving opinions and making the submission.
 
Article 487. The timing of any revision by way of supervision sentence, definitions and court orders review of oversight of the conviction, determination and ruling of the judge or the Court for the softness of punishment or in connection with the necessity of application of law on more grave crime, as well as on other grounds, resulting in the deterioration of a condemned man, as well as the acquittal or order or determination of a judge or a court to dismiss the case is permitted only within one year of joining these sentences definitions and regulations in force.
 
Article 488. A decision on the case and istrebovannomu suspension of enforcement 1. Person prinësšee protest by way of supervision, sends it together with the case to the appropriate court for consideration.
2. the President of the Supreme Court of Turkmenistan and Turkmenistan's Prosecutor General has the right to suspend the execution of the sentence, protesting the definition and regulation of any judge or Court of Turkmenistan and their deputies shall be entitled to suspend the execution of the sentence, protesting the definition and regulation of any judge or Court of Turkmenistan, with the exception of the decrees of the Bureau and the plenary session of the Supreme Court of Turkmenistan, to resolve the case by way of supervision.
3. upon receipt of an indication on the suspension, the court handling the case, not paying the verdict or definition. If the same sentence or already turned to performance, the Court shall send a copy of the Decree on suspension of bodies performing the verdict or definition. The authority shall immediately suspend the execution of the sentence or determine to continue until the proceedings by way of supervision.
4. a person, istrebovavšee and izučivšee, but not installed it reason for sacrificing protest ceases to manufacture the supervisory review motivated decree and inform the person, institution, enterprise or organization on a complaint or statement that the case was demanded to check indicates the motives of refusal of bringing the protest and returns the case to the Court from which it was demanded.
 
Article 489. Courts dealing with cases under protest, the presentation, and a complaint by way of supervision 1. Case on protests, views, opinions and complaints by way of supervision dealt with respectively in the following jurisdictions:

1) Bureau of velaâtskogo City Court, with Mashhad, respectively, sentences, definitions and regulations of the judges of the district courts, the courts of cities and towns with etrap rights, as well as representations and complaints that justified the initiation of proceedings by the judges of the Court, the Court of velaâtskogo the city with Mashhad based on regulations, approved by the President of the Court of Cassation on the definitions of the judicial Board on criminal cases of the same vessels as well as the Chairmen of court velaâtskogo City Court, with Mashhad;
2) the judicial panel of criminal cases of the Supreme Court of Turkmenistan at the verdicts and decisions or determine the velaâtskogo Court, city of Mashhad with or their judges, decisions of these courts and the decisions of the judges of the regional courts, the Court of the city of Mashhad with;
3) the Presidium of the Supreme Court of Turkmenistan-on sentences and defining the judicial panel of criminal cases of the Supreme Court of Turkmenistan and the rulings of a judge of the Supreme Court of Turkmenistan;
4) by the plenum of the Supreme Court of Turkmenistan-decisions of the Bureau and the plenary session of the Supreme Court of Turkmenistan.
2. a judge who took part in the trial first, cassation or supervisory instance may not participate in the examination of the case in the composition of the Bureau of the Court. If in this case in the Court of the first, cassation or supervisory instance involved a majority of the members of the Bureau of the Court or the Court of the city of velaâtskogo with Mashhad, sentences and judges definitions either ships or etrap towns with etrap rights, ruling the judges of these courts, as well as definitions of Cassation Board on criminal cases of velaâtskogo Court, city with Mashhad, views and complaints the grounds for the institution of the supervisory production, approved by the President of the Court, as well as the President of the Court shall be sent to the Supreme Court of Turkmenistan. The President of the Supreme Court of Turkmenistan passes these documents contain justification for consideration of oversight, judicial Board for criminal cases of the Supreme Court of Turkmenistan.
3. the judges of the Supreme Court of Turkmenistan's participation in the case before the Court of first instance, appeal or review procedure, does not preclude him from participating in any proceedings in the plenary session of the Supreme Court of Turkmenistan.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 490. The order of consideration of the case on the protest, the presentation, and the complaint 1. Case to the conclusion and the verdict entered into legal force, the definition and the ruling is considered by the Bureau of velaâtskogo City Court, with Mashhad and the Chamber of criminal cases of the Supreme Court of Turkmenistan no later than fifteen days; The Presidium of the Supreme Court of Turkmenistan is not later than one month; The plenum of the Supreme Court of Turkmenistan is no later than three months from the date of receipt of the case with the relevant documents.
2. In the Court's Presidium velayat, city with Mashhad Prosecutor respectively participate velayat, city with Mashhad or his Deputy, in the meeting of the Presidium of the Supreme Court of Turkmenistan-Turkmenistan's Prosecutor General or his Deputy, and the meeting of the judicial Board on criminal cases of the Supreme Court of Turkmenistan-Attorney, authorized by the General Prosecutor of Turkmenistan. The General Prosecutor of Turkmenistan shall be obliged to participate in the meeting of the plenum of the Supreme Court of Turkmenistan.
3. The judge may, where necessary, invite the convict, acquitted, their lawyers, the legal representatives of the juvenile, the victim and his/her representative, civil plaintiff, civil respondent and their representatives at the meeting of the Court, hearing the case for a judicial review, to give explanations. Invited to the meeting of the parties it is possible to familiarize with the protest or submission, imprisonment and complain.
4. The information gathered in the case, reports the President of the Court or on behalf of a member of the Bureau or the judge. Judge-Rapporteur presents an account of the circumstances of the case, the verdict, ruling or order, the contents of the protest, views, opinions and complaints, as well as its opinion on the case. Judge-rapporteur questions may be asked. If there are convicted in court, acquitted, their lawyers, legal representatives of minors, the victim and his/her representative, the civil plaintiff, the civil defendant and their representatives, then they are entitled to after the report, the judges give their explanations.
5. Then the word given to the Prosecutor for expressing your own opinion on the protest, the presentation, and then complaint Bureau or the plenum of the Court shall respectively on protest, the presentation, and the complaint of a ruling and judicial Board on criminal cases of the Supreme Court of Turkmenistan to protest-definition, which shall be taken by majority vote.
6. determination of the judicial panel of criminal cases shall be drawn up in the retiring room. When voting in the plenary and the Bureau, the judicial panel none of the composition of the Court has no right to abstain from voting.

7. In case of equality of votes, the conclusion and submission of complaint considered by the Presidency of the Court of the velayat, city with Mashhad, protest, considered by the Presidium and plenum of the Supreme Court of Turkmenistan shall be deemed rejected.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) 491. The limits of the Rights Court of supervisory instance 1. In a case in the Court's oversight hearing the case is not bound by the arguments of the protest, views, opinions and complaints and is obliged to check all the proceedings in their entirety. If in the case of convicted several people, and bought a protest and a submission is made, issued or complaint only in respect of one or more prisoners, the Court must examine the case against all the prisoners.
2. the Court is considering the case by way of supervision may mitigate the punishment imposed osuždënnomu, or apply a less serious crime Act, but does not have the right to increase the punishment, as well as to apply the law on more grave crime.
3. where in the case of convicted or acquitted several defendants, the Court has no right to cancel the sentence definition or regulation in respect of those acquitted or convicted persons in respect of whom the protest was not sacrificed, if cancellation of the sentence, ruling or order worsens their situation.
4. Instructions of the court reviewing the case by way of supervision, necessary for the body, further investigating the case, and for the court hearing the case again.
5. the court hearing the case for a judicial review, does not have the right to install or take proven facts that were not installed in the sentence or rejected them, nor has the right to pre-empt questions about evidence or failure to substantiate charges about the reliability or unreliability of this or that evidence and about the benefits of some of the evidence in front of the other, on the application by the Court of first instance of criminal law and the punishment.
6. The Court is considering the case by way of supervision, discarding Cassation definition may not prejudge the conclusions that may be made by the Court of Cassation in the secondary proceedings.
 
Article 492. Grounds to repeal or amend entered into force the sentence, definitions and court decisions 1. Grounds to repeal or amend the sentence in a case by way of supervision are the circumstances referred to in article 454 of the criminal code.
2. the definition of the Court of first instance, the judge's ruling, the Court of Cassation, definition and judgement of the Court of supervisory instance subject to repeal or amend, if the court hearing the case, respectively, to protest, the presentation, and the complaint acknowledges that this definition, or order of the Court of first instance rendered unlawful or unwarranted decision unduly left without changes, repealed or amended by a higher court the preceding definition, orders or verdicts in the case or if in the case to a higher court was flawed law that affected or could affect the correctness of the sentence pronounced by it ruling or order.
 
Article 493. The definition and regulation of the court seized seised of the protest, the presentation, the conclusion and the complaint as a result of the examination of the submission, opinions and complaints by way of supervision, the Court may: 1) leave protest, performance, conclusion and complaint without satisfaction;
2) abolish the sentence or otherwise appealed the judgement and all subsequent judicial determinations and decisions and in accordance with this code, to halt the proceedings on the case or send it back for further investigation or fresh judicial consideration;
3) repeal the definition of Cassation, as well as subsequent court rulings, if they were issued, and forward the case for a new consideration of Cassation;
4) repeal the definition and rulings handed down by the oversight and leave without changes or modify the judgment of the Court of Cassation;
5) amend the sentence, or a court order.
 
Article 494. The substance of the definition or regulations 1. The ruling, handed down in a case by way of supervision and the Bureau of the Plenary of the Supreme Court of Turkmenistan, Bureau of velaâtskogo City Court, with Mashhad or the definition of the judicial Board on criminal cases of the Supreme Court of Turkmenistan must comply with the requirements of article 464 of the present code.
2. Definition subscribes to all the Court resolution of the Presidium of the Court presiding at the sitting of the Presidium and plenum of the Supreme Court of Turkmenistan by the President and the Secretary of the plenary.
3. determination or order of the Court is attached to the case along with the protest, the presentation, report and complaint.
 
Article 495. Consideration of the case by the Court of first instance after the cancellation of the original sentence by way of supervision 1. After the cancellation of the initial sentence case to be reviewed in a general way.
2. strengthening the punishment or application of law on more grave crime in the new consideration of the case by the Court of first instance shall be permitted only if the initial verdict was cancelled by way of supervision for softness or punishment in connection with the necessity of application of law on more grave crime.

3. If the new case in the proceedings after verdict will set the circumstances, evidence of the accused having committed more serious offences, as specified in the previous sentence, the criminal case should be remanded for further investigation for charges of committing more serious crimes.
 
Article 496. Repeated appeal, challenging the verdict, definitions and rulings of the Court complaint, a protest to the secondary sentence, idea or opinion on the definition or ruling made in connection with the cancellation of the original sentence, ruling or order in the Court of appeal or the Court of supervisory instance, can be served (brought) to the General procedure, regardless of the motives for which were cancelled the original sentence, determination or order of the Court.
 
Article 497. Interlocutory decision and judgement of the Court of supervisory instance trial court oversight in the presence of grounds stipulated in Article 434 of this code makes private determination or ruling.
 
Chapter 48. Resumption of trials on the newly reveled circumstances Article 498. Grounds for the resumption of cases 1. The verdict entered into legal force, determination and the ruling can be reversed and the case reopened under new circumstances.
2. Grounds for the resumption of the criminal proceedings on new circumstances are: 1) entered into legal force court verdict deliberate false testimony of a victim or witness, expert opinion, as well as the planting of evidence, investigative and judicial proceedings and other documents or deliberate irregularity of translation have the imposition of unlawful or unwarranted sentence, ruling or order;
2) established by entered into legal force court verdict criminal actions of initial inquiry, investigator or procurator, have the imposition of unlawful or unwarranted sentence definitions, regulations;
3) established by entered into legal force court verdict the judges of the criminal acts committed in this case;
4) other circumstances unknown to the Court in sentencing or definitions by themselves or together with previously established circumstances prove the innocence of the convicted person or a less serious or more serious crime than that for which he was convicted or acquitted person's guilt or the person against whom the case was dropped.
3. If you cannot reach a verdict for Statute of limitations expired due to amnesty or pardon individuals, as well as by the death of the accused or failing to meet the age for criminal responsibility, the newly discovered circumstances referred to in paragraphs 1-3 of part 2 of this article, and sets forth the inquiry conducted in the manner prescribed by section 501 of this code.
 
Article 499. Court decisions in criminal cases, for review by the newly reveled circumstances on newly discovered evidence may be reconsidered: 1) conviction;
2) acquittal;
3) decision on the termination of the case made by the Court without the application of the public prosecutor, the victim or his legal representative.
 
Article 500. The timing of the resumption of the proceedings 1. Revision of conviction on new circumstances in favor of a condemned man by any terms is not limited.
2. Death of a condemned man does not preclude the resumption of it case on new circumstances for his rehabilitation.
3. review of an acquittal, definitions and court decisions to dismiss the case, as well as the revision of the conviction, determination and explanation of the softness of the punishment or the need to apply to the osuždënnomu of law on more grave crime is permitted only during the period of limitation for criminal liability established under article 74 of the Criminal Code of Turkmenistan, but no later than one year from the date of opening of the new circumstances.
4. Opening Day new circumstances considered: 1) in the cases provided for in clauses 1-3 of part two article 498 of the present Code, the day of the entry into force of the sentence, ruling or order against perpetrators of perjury, making false evidence, the wrong translation or criminal acts committed in the course of an investigation or review of the case;
2) in the case provided for in paragraph 4 of part two article 498 of the present code-signing day Attorney General opinion on the need to resume the trials on the newly reveled circumstances.
 
Article 501. Institution of proceedings on new circumstances 1. The right to institute proceedings on new circumstances, belongs to the Prosecutor.
2. Motives for instituting proceedings on new circumstances are applications, communication agencies, organizations or officials, as well as the data obtained during the investigation and consideration of other criminal cases.

3. If the incoming request or a message reference to a sentence of a court in relation to the circumstances referred to in paragraphs 1-3 of part two article 498 of the present Code, the public prosecutor prosecutes its ruling on newly discovered evidence, conducts an investigation, seeks a copy of the judgement and the certificate of the Court on its entry into force.
 
Article 502. The actions of the Prosecutor at the end of the inspection or investigation of newly reveled circumstances 1. Upon completion of the verification and investigation of new circumstances, if there are grounds for the resumption of the criminal case, the Prosecutor or etrap towns with etrap rights refers the case together with the materials of the investigation, verification of velayat, city prosecutor from Mashhad or the public prosecutor of Turkmenistan.
2. the Prosecutor velayat, city with Mashhad or the General Prosecutor of Turkmenistan shall transmit the case together with the materials of the inspection, investigation and its conclusion the Bureau respectively velaâtskogo, urban with Mashhad court or judicial Board for criminal cases of the Supreme Court of Turkmenistan if the case was tried at first instance by the Court of ètrapskim, the city of etrap rights.
3. in cases considered by the Court, the Court velaâtskim city from Mashhad in the first instance, the General Prosecutor of Turkmenistan shall transmit the case materials of investigation and its conclusion in the judicial Board for criminal cases of the Supreme Court of Turkmenistan.
4. in the cases decided by the Supreme Court of Turkmenistan, Turkmenistan's General Prosecutor refers the case together with the materials of the inspection, investigation and its conclusion in the Bureau or the plenum of the Supreme Court of Turkmenistan.
5. In the absence of grounds for the resumption of the case Prosecutor velayat, city with Mashhad or the Prosecutor General of Turkmenistan in accordance with the requirements of this code, its motivated decree terminates proceedings on them animated newly reveled circumstances. The ruling of the Prosecutor shall be communicated to relevant stakeholders, institutions, enterprises and organizations, explained to them the right to appeal the ruling to a higher prosecutor.
(As amended by the Act of July 1, 2010-Statements of the Mejlis of Turkmenistan, 2010 г., no. 3, art. 42) article 503. Permission by the Court to the question of reopening the case 1. Review of judicial decisions on new circumstances is carried out by the bureaux, velaâtskogo city Mashhad with courts, and if the case oversight determination or order of the Supreme Court of Turkmenistan, the Bureau or the Plenary of the Supreme Court of Turkmenistan.
2. The previous examination of the case in the Cassation order or oversight does not preclude its consideration in the same court in the order of resumption of proceedings on new circumstances.
3. The conclusion of the Prosecutor for the reopening of proceedings on new circumstances considered in court according to the rules established by article 490 of the present code.
 
Article 504. Definition and judgement of the court hearing the Prosecutor's conclusion after reviewing the Prosecutor's conclusion about the resumption of proceedings on new circumstances, the Court shall issue a ruling or order as follows: 1) to cancel the order, ruling or order of the Court and the case for the production of further investigation or a new trial;
2) to discontinue the proceedings in the case when the reversal, ruling or order of the Court and a final decision on the case does not call for new investigation or a new trial;
3) rejecting the opinion of the Prosecutor.
 
Article 505. After canceling production of judgments 1. Investigation and trial after the resumption of business in connection with the abolition of court decisions on new circumstances and appeal and protest again judgements, as well as offering them protest, views, opinions and complaints are made in a general way.
2. Proceedings of the criminal case that was overturned the verdict on the new circumstances, the Court of first instance is not associated with dimensions a sentence on the former sentence.
 
Article 506. Civil action when resuming proceedings on new circumstances in case of cancellation of the verdict in the civil suit new circumstances, excited during the initial review of the case shall be reviewed on the same basis. Reopening of the case only in the part of the civil action shall be permitted only in civil proceedings.
 
The tenth section. Features of production in certain categories of criminal cases Chapter 49. Production in cases involving juvenile offences Article 507. Procedure in cases involving juvenile offences 1. The provisions of this chapter shall apply to persons who have not attained the age of majority at the time of the offence, i.e. 18 years of age. Procedure in cases involving juvenile offences shall be determined by the General rules established by the present Code, as well as articles of this chapter.
2. this procedure shall not apply in cases where:

1) made several minor crimes, some of which made them after reaching the age of 18, and cases on them combined into a single production;
2) accused minor when considering his case in court.
 
Article 508. Circumstances to be establish in cases involving juvenile offences 1. When the preliminary investigation and in judicial proceedings involving minors, in addition to the circumstances provided for in article 126 of this code, it is necessary to pay special attention to the clarification of the following circumstances: 1) the minor's age (day, month, year of birth);
2) conditions of everyday life, life and upbringing of minors;
3) reasons and conditions that contributed to the Commission of an offence by a minor;
4) degree of intellectual, volitional and psychological development, personality and temperament, needs and interests;
5) influence on the minor peers, adults, instigators.
2. subject to the availability of data on mental retardation, juvenile not related to mental illness should be identified as well, could he be fully aware or not aware of the significance of his actions. To establish those circumstances should be questioned parents of the minor, his teachers and educators and other persons who may give useful information about this, as well as the required necessary documents and other investigative and judicial actions.
 
Article 509. Restriction of publicity in cases involving juvenile offences Law a juvenile suspect or accused person or defendant to confidentiality in the case must be respected at all stages of the criminal process.
 
Article 510. The selection of the case of a minor in a separate production 1. The case of a minor involved in the Commission of a crime together with adults, in accordance with paragraph 3 of article 45 of this code at the stage of the preliminary investigation may be allocated in separate proceedings.
2. In cases when a selection in a separate proceeding could create significant obstacles to the full and comprehensive examination of the circumstances of the case, a juvenile accused, involved in the same case with older, apply the rules of the present chapter.
 
Article 511. How to call a juvenile suspect or accused person or defendant 1. A juvenile suspect, accused person, defendant called to the investigator or the Court through his or her parents or other legal representatives, in their absence, through the agencies of tutorship and guardianship.
2. minors contained in child care or detention, are called through the administration of their whereabouts.
 
Article 512. The order of questioning the suspect, accused or defendant 1. In cases involving juvenile offences lawyer allowed to participate since the first questioning of a minor as a suspect or accused, and if he is detained or imprisoned in custody until charges are brought, from the moment of arrest or detention. If a juvenile suspect, accused person, defendant or his legal representatives do not have agreements with the solicitor, the investigator, the Prosecutor, the Court should ensure that the participation of the lawyer in the case.
2. If a juvenile suspect or accused person the parents or other legal representatives of their participation in the obligatory. In their absence to participate must be brought representatives of tutorship and guardianship agencies. They are allowed to participate in the case on the basis of an order of a preliminary investigator since the first questioning. At the end of the preliminary investigation on the basis of an order of a preliminary investigator, a minor does not admire with the collected materials of the case, which could have a negative impact on him, they can be made aware of his or her legal representative. On the basis of a reasoned order of a preliminary investigator, the legal representative may be suspended from participation in the case, if there are reasonable grounds for believing that his actions are harmful to the interests of the minor, or impede an objective investigation of the case, and to participate in the case can be admitted to another legal representative of a minor.
3. the interrogation of a juvenile suspect or accused person or defendant is done during the day and could not continue uninterrupted for more than two hours, and in total-more than four hours a day. The interrogation of a minor shall be held with the participation of a lawyer, legal representative, and, if necessary, a teacher.
 
Article 513. The questioning of minor witnesses the interrogation of a minor, a victim, a witness, a victim shall be conducted in accordance with the procedure provided for by Article 394 of this code.
 
Article 514. The presence of a teacher and a psychologist When proceedings involving a juvenile suspect, accused or defendant who has not attained the age of 16, as well as the age of the age, but has signs of retardation in mental development, the participation of a teacher or psychologist is obligatory. But in other cases, a teacher or a psychologist may be allowed to participate in the discretion of the person conducting the initial inquiry, the investigator, the Prosecutor, the Court of Justice or at the request of counsel, the legal representative.
 

Article 515. The rights of the minor's legal representative, pedagogue and psychologist 1. The legal representative has the right to: 1) know what is suspected or accused of a minor;
2) participate in the indictment or in the interrogation of a minor;
3) with the permission of the investigator to participate in other investigative activities, produced with the participation of a minor accused of a suspect and his lawyer;
4) to acquaint themselves with the records of the investigative actions in which he was involved, and make comments about the correctness and completeness of the statements made in these records;
5) submit petitions and challenges, to bring complaints against the actions and decisions of the investigator or the Prosecutor;
6) submit evidence;
7) upon completion of the investigation of the case fully acquainted with it and to write out information in any volume.
2. A teacher or psychologist shall have the following rights: 1) with the permission of the investigator or the Court to ask questions of the juvenile suspects, accused persons;
2) at the end of proceedings to acquaint themselves with the records of investigative or judicial proceedings on which personally attended, and make comments about their correctness and completeness;
3) at the discretion of the investigator or the Court to get acquainted with the materials that characterize juvenile.
3. On the rights of the legal representative, pedagogue or psychologist listed in parts one and two of this article, the investigator, the Prosecutor, the Court shall explain to them before the start of the proceedings, of the actions entered in the record of the investigation or trial.
 
Article 516. The application of preventive measures to the minor 1. A juvenile suspect, an accused person can be applied preventive measures referred to in paragraphs 1 and 2 of article 147 of this code.
2. When deciding on the application of preventive measures against a juvenile suspect or accused person shall in all cases take into account the possibility of preventive measures such as sending it under supervision under article 147 of the criminal code. Arrest or detention as a preventive measure may be applied to a minor if the grounds provided for in articles 146 and 154 of this code, only in exceptional cases of committing a serious or particularly serious crimes.
3. Content of the minor in custody during the preliminary investigation provided for in article 158 of the present code may not be extended for a period of more than six months. Juveniles are separated from adults.
4. About the arrest, detention or remand in custody must be immediately informed of the minor's parents or other legal representatives and, in their absence, are close relatives.
 
Article 517. The participation of the minor's legal representative in the proceedings 1. The hearing must be caused by parents or other legal representatives of the juvenile defendants and victims. They have the right to participate in the study of evidence in judicial proceedings, present evidence, testify, submit petitions and challenges, to bring complaints against the decisions of the Court, to participate in the court session hearing the case on appeal, giving explanations to his complaints. These rights are explained to them in the preparatory part of the trial. Legal representatives are present in the courtroom throughout the trial, and with their consent, they can be interrogated by the Court as witnesses.
2. Motivated by the decision of the Court, the legal representative may be suspended from participation in the proceedings, if there is a specific reason to conclude that his actions are harmful to the interests of the minor defendant or aimed at obstructing a comprehensive and objective review of the case. In this case, to participate in the case allowed other legal representative of a minor.
3. For no-show of the legal representative of a minor defendant, the hearing of the case shall not be suspended, unless the Court finds it necessary to litigate.
4. If the legal representative of a minor defendant brought to participate in the case as counsel or civil respondent, it enjoys the rights and duties listed participants of the process.
 
Article 518. The participation of representatives of enterprises, organizations and institutions in judicial proceedings involving minors 1. About the time and place for the consideration of the case of a minor, the Court shall notify the school, Enterprise, organization and institution where the minor studied or worked, commissions for juvenile affairs and the appropriate Department of the internal affairs agencies, as appropriate, other organizations. If necessary, the Court may summon representatives of these organizations, as well as representatives of public associations on the job of parents, guardian or curator of the defendant.
2. With the permission of the Court, the representatives of the above-mentioned organizations can participate in research evidence. Where necessary, they may be questioned as witnesses. Absence of those representatives does not preclude the hearing, if the Court does not consider their participation in the trial necessary.
 

Article 519. Delete a minor defendant from courtroom 1. In accordance with parts III and IV of Article 394 of this code on the request of the Attorney or legal representative, as well as on its own initiative, the Court may, taking into account the views of the parties, by its decision to remove a juvenile defendant from the courtroom at the time of the investigation of the circumstances that may have a negative influence on him.
2. After returning to the courtroom presiding judge informs him of a minor defendant in the required volume and shape the content of the trial which took place in his absence, and gives him the opportunity to ask questions of the persons questioned without his participation.
 
Article 520. Issues to be settled by the Court when sentencing a juvenile criminal case 1. In sentencing in a criminal case, a juvenile court, in addition to the matters provided for in Article 414 of the present Code, is obliged to discuss the imposition of a conditional sentence, the sentencing not associated with deprivation of liberty, as well as exemption from punishment in the circumstances provided for by the Criminal Code of Turkmenistan.
2. In cases of probation, assign punishment not involving deprivation of liberty, placement in educational or medical-educational institution, or the application of compulsory re-education measures, the Court shall notify a specialized State body and confers on it the duty to monitor the behaviour of the convicted person.
 
Article 521. Termination of the criminal case against a minor and release him from punishment with the application of compulsory re-education measures 1. If as a result of the trial court finds that the correction of a minor who has committed under the age of 18 years for the first offence, perhaps without the application of penalties for the crime, the criminal case is terminated in accordance with the procedure stipulated by this code and can be assigned to a minor compulsory re-education measures provided for under article 89 of the Criminal Code of Turkmenistan.
2. If as a result of the trial, the Court comes to the conclusion that the fix under-age first offender who commits a minor or moderately serious offence, taking into account the nature of the deed, its consequences, the personality and other circumstances of the case, possibly without the use of punishment under article 88 of the Criminal Code of Turkmenistan, the Court in its decision exempts from punishment and applies special forced re-education measures or sends it to a special educational institution for minors or medical/re-education institution.
3. District courts, courts of cities of etrap rights at the place of residence of the minor upon application of educational institutions, public associations, labour collectives or persons to whom the minor has been entrusted to bail or under surveillance, to stop the application of compulsory re-education measures.
 
Chapter 50. The production features for persons with privileges and immunity from criminal prosecution Article 522. Persons having immunity from criminal prosecution in accordance with the legislation of Turkmenistan and the international treaties to which Turkmenistan is immunity from prosecution enjoyed by the following persons: 1) heads of diplomatic missions of foreign States, diplomatic personnel of these missions and members of their families residing together with them and not being citizens of Turkmenistan;
2) on the basis of mutual agreement, the staff of the administrative and technical personnel of diplomatic missions, not permanently residing in Turkmenistan and not his nationality, and members of their families residing together with them;
3) on the basis of mutual agreement employees servicing personnel of diplomatic missions, not permanently residing in Turkmenistan and non-citizens;
4) leadership and other officials of consulates;
5) diplomatic couriers;
6) heads and representatives of foreign States, members of parliamentary and Government delegations, but on the basis of mutual agreement-staff delegations of foreign States, arriving in Turkmenistan to participate in international negotiations and international conferences and meetings or other official missions, or the following for the same purposes of transit through the territory of the country and their accompanying family members who are not nationals of Turkmenistan;
7) chapters, members and staff of the missions of foreign States in international organizations situated on the territory of Turkmenistan on the basis of international treaties and generally accepted international traditions;
8) heads of diplomatic missions, the members of the diplomatic group, located in a third State, in transit through the territory of Turkmenistan, accompanying or following to them separately or returning to their country, their family members;
9) other persons in accordance with the provisions of the international treaties to which Turkmenistan is a party.
 
Article 523. Personal integrity
 

1. the persons listed in paragraphs 1, 5-8 article 522 of this code and the international treaties of Turkmenistan have the right to personal integrity. They may not be arrested or detained except in cases when it is necessary to enforce the sentence pronounced by the verdict against them, entered into force.
2. The persons referred to in paragraphs 2-4 of article 522 of the present code may be detained or imprisoned except as otherwise provided by international treaties of Turkmenistan, only for the execution of an enforceable court judgment for a serious or particularly serious crime.
3. the authority of a preliminary investigation, the Procurator or the Court, agency or has custody of persons listed in parts one and two of this article, by telephone, telegraph or other types of emergency communications should inform, without delay, through the Ministry of Foreign Affairs of Turkmenistan in the Ministry of Foreign Affairs of the State concerned.
 
Article 524. Immunity from testifying 1. Persons listed in paragraphs 1-3, 5-8 article 522 of the present code may not testify as a witness, victim, and if you agree to give such testimony are not obliged to do so be to the investigator, the Procurator or the Court.
2. If these persons during the preliminary investigation, testified as a witness or victim, and did not appear in court, the Court may announce their testimony.
3. the heads and other officials of consulates may not refuse to testify as a witness and victim, except for testimony on issues related to the execution of their duties. In case of refusal of officials of consulates to testify as a witness thereto do not apply coercive measures, and an exclusive need of such testimony in a criminal case, the matter could be resolved through diplomatic channels.
4. in cases where the consent specified in subsection 1 of this article, agenda, vručënnaâ, the person concerned shall not contain the threat of the use of coercive measures for nonappearance in calling body.
5. persons enjoying immunity, are not required to submit the criminal investigation authorities, the Procurator, court related correspondence and other documents related to the execution of their duties.
 
Article 525. Inviolability of documents and premises 1. The residence of the head of a diplomatic mission, the space occupied by the diplomatic mission, members of the diplomatic premises of the Group and members of their families, their belongings and means of transport are inviolable.
2. On the basis of mutual agreement, the immunity provided for in the first paragraph of this article, extend to living quarters occupied by staff of the diplomatic mission of the attendants who were not citizens of Turkmenistan and living together with members of their families.
3. On the basis of mutual agreement, the residence of the head of the consulate premises occupied by the Consulate, are inviolable. Access to these premises, inspection, search, confiscation of objects of value and the need for a criminal case, seizure can take place only at the request or with the consent of the head of the diplomatic mission or Consulate of the relevant foreign State in accordance with the requirements of this code.
4. Archives, official correspondence and other documents of diplomatic missions and consular posts shall be inviolable. Without the consent of the head of the diplomatic mission or Consulate do not apply to proceedings in the form of inspection and seizure of items of relevance to the case. Pouch not be detained and be printed. Consent to access to the premises specified in parts 1, 2 and 3 of this article, to conduct proceedings in the form of search, seizure of items relevant to the case, including consent to inspection of the official correspondence and other documents, and dredging in the cause of their being requested by the Prosecutor, through the Ministry of Foreign Affairs of Turkmenistan.
5. In these cases, the seizure of items relevant to the case, the examination shall be conducted in the presence of the Prosecutor and the representative of the Ministry of Foreign Affairs of Turkmenistan.
 
The eleventh section. Special production of Chapter 51. Proceedings relating to the imposition of coercive measures of a medical nature to insane Article 526. Grounds for application of coercive measures of a medical nature 1. Coercive measures of a medical nature as provided for in article 96 of the Criminal Code of Turkmenistan, the Court shall apply to persons who have committed socially dangerous acts provided for under criminal law in a State of insanity or disease after committing the crime, mental illness, depriving them of the ability to be aware of his actions or control them, if these persons according to the nature of his act and his painful as a danger to society.
2. Coercive measures of a medical nature are appointed only when painful mental disorder are dangerous to the person or others or the possibility of causing other significant harm.

3. Procedure for application of coercive measures of a medical nature is determined by the General rules of this code and, in addition, the following articles.
 
Article 527. The order of the preliminary investigation and the circumstances, subject to proof of 1. Concerning the persons mentioned in the first part of article 526 of the present Code, a preliminary inquiry is obligatory.
2. When the preliminary investigation should be clarified by the following circumstances: 1) the time, place, method and other circumstances of the Commission of a socially dangerous act;
2) whether the person committed a socially dangerous act prohibited by the criminal law;
3) the nature and amount of the damage caused by the Act;
4) behavior of a person who has committed a prohibited criminal act before it occurs and after;
5) the presence or absence of the persons mental disorder in the past, the extent and nature of mental illness at the time the act occurs, which the criminal law, or during the investigation of the case.
3. Sending a person to a forensic psychiatric examination is permitted only if there are enough reliable evidence that a person has committed a socially dangerous act in respect of which criminal proceedings have been instituted and an investigation is underway.
4. If, by virtue of the mental state of investigative activities involving a person who has committed a socially dangerous act is impossible, the investigator is about this Protocol.
5. Preliminary investigations in cases of insane and persons afflicted with mental illness after committing the crime, ends up in the manner provided for in article 535 of the present code.
 
Article 528. Safety precautions 1. To the persons who committed the prohibited act and criminal law with mental illness may not be applied.
2. These persons, if necessary, applies the following security measures: 1) transfer of the patient under the supervision of relatives, guardians with notice to the appropriate health authority;
2) placement in a specialized medical institution providing mental health care.
 
Article 529. Passing under the supervision of relatives, of Trustees 1. Since the determination of mental illness, a person who commits an act prohibited criminal law, but not representing a danger to others may be transferred under the supervision of relatives, guardians with notice to the appropriate health authority.
2. On the application of this measure, the investigator or the Court shall issue a reasoned decision, definition.
 
Article 530. Placement in a specialized medical institution 1. In determining whether mental illness of the person against whom the order as a measure of preventive restriction previously applied detention ordered by the public prosecutor, it is placed in a specialized medical institution providing mental health care and adapted for keeping patients in strict isolation.
2. a person who is not in custody, in a specialized medical institution providing mental health care shall be in accordance with the requirements of article 294 of the criminal code.
 
Article 531. Selection in a separate trial in respect of a person who has committed an act prohibited criminal law in a State of insanity or a sick mental disorder after the Commission of the offence if the investigation of the criminal case it is determined that any of the accomplices committed an act in a State of insanity, in a State where he could not steer their actions in connection with chronic mental illness, or after the Commission of the offence fell ill a mental disorder, the case against him may be allocated in separate proceedings.
 
Article 532. The right of persons in respect of whom proceedings is the imposition of coercive measures of a medical nature the person whose production is underway on the application of coercive measures of a medical nature, enjoys all the rights of the accused. On the nature and extent of the disease he is entitled to the following: 1) know of a socially dangerous act charged;
2) to have a lawyer;
3) to give explanations;
4) submit evidence;
5) participate with the permission of the investigator in investigative actions;
6) to acquaint themselves with the records of the investigative actions in which he was involved, and make comments about the correctness and completeness of the records;
7) submit petitions and challenges;
8) at the end of the proceedings to be acquainted with all its materials and make extracts from them;
9) receive a copy of the decision of sending the case to court for application of coercive measures of a medical nature;
10) to participate in the proceedings and the study it evidence;
11) acquainted with the Protocol of the court session and to submit to it observations.
 
Article 533. Part of the legal representative 1. A close relative of the person against whom it is production on the application of coercive measures of a medical nature shall be recognized as the legitimate representative of that person and is drawn to participate in the case by order of the investigator, the Procurator or the Court.
2. Legal representative shall have the following: 1) know of the Commission of an act prohibited criminal law, accused person it represents;
2) submit petitions and challenges;

3) submit evidence;
4) participate with the permission of the investigator in the investigative actions conducted at his request or the request of a lawyer;
5) to acquaint themselves with the records of the investigative actions in which he was involved, and make comments about the correctness and completeness of the statements made in these records;
6) at the end of the preliminary investigation to be acquainted with all the materials of the case and to make extracts from it;
7) receive a copy of the regulations (definitions) to send the case to court for application of coercive measures of a medical nature or to dismiss the case;
8) to participate in the proceedings;
9) bring complaints against the actions and decisions of the investigator, the Procurator or the Court;
10) to appeal against the decision of the Court and receive copies of judgements;
11) know about complaints filed in the case of complaints and protests and brought to lodge objections to them;
12) participate in adjudicating alleged complaints and submissions.
3. For clarification of the legal representative of his or her rights shall be prepared by the relevant Protocol.
 
Article 534. The lawyer's participation 1. In proceedings relating to the imposition of coercive measures of a medical character representation by counsel is mandatory from the moment of establishing the fact of insanity or mental illness the person against whom it is production, if the lawyer has not previously entered into the case on other grounds.
2. Since the entry into the case the advocate has the right to meet with his client alone, if this does not prevent the State of health of the defendant. In addition, in the said case the lawyer enjoys all the rights provided for in article 84 of the present code.
 
Article 535. The end of the preliminary investigation 1. At the end of the preliminary investigation in cases of insane and persons afflicted with mental disorders after the Commission of the offence, the magistrate shall order: 1) on the cessation of criminal proceedings in cases stipulated in article 31 and part two of article 313 of the present Code, moreover, when painful mental disorders not associated with the risk to the person or others or possible infliction of other significant harm;
2) to send the case to the Court, in the case of clarifying the grounds for the application of coercive measures of a medical nature.
2. On termination of case or referral to the Court investigator shall notify the person regarding whom the thing is, if on his mental state it can take part in investigative actions, his legal representative and counsel, as well as the victim. The investigator must explain to them their right to acquaint themselves with the case materials and indicate where and when they will be able to exercise this right. Order study the case, permit applications and petitions submitted investigation determined by articles 319 and 320 of the present code.
3. the decision to discontinue the proceedings shall be made in accordance with the requirements of article 314 of this code. In the decreeing of sending the case to court for application of coercive measures of a medical nature, the following circumstances must be specified: 1) the circumstances envisaged by article 527 of the present code and installed on the case;
2) grounds for application of coercive measures of a medical nature;
3) counsel's arguments and others expressing its opposition on these grounds.
4. The annex to the decision of sending the case to the Court shall be prepared according to the requirements of article 323 of the criminal code.
5. together with the decision to commit him to a court investigator sends to the Prosecutor. Having examined the case, the Prosecutor shall take one of the following decisions: 1) refers the case to the Court;
2) returns the case to the investigator for the production of further investigation;
3) terminates under the rules referred to in paragraph 1 of this article.
6. A copy of the order on the application of coercive measures of a medical nature shall be served on the legal representative.
7. When the nature of a socially dangerous act and mental disorder, the person who committed the Act, it is not dangerous, but is insane, the investigator or the Prosecutor in the proceedings shall notify the person of the local health authorities.
 
Article 536. Proceedings before the Court 1. Judge or the President of the Court, getting business from the Prosecutor, assigns it to the hearing, shall notify the Prosecutor, counsel and the legal representatives of a person about the case, and gives an order to call the victim, witnesses and, where necessary, and experts.
2. The judge or President of the Court may make an order for the call to the hearing person on the case, if this does not preclude the nature of his illness.
3. In cases where a judge or the President of the Court finds grounds for termination of the proceedings on the application of coercive measures of a medical nature or reason for return for the production of further investigation, it has been making the case to the administrative court.
4. The trial, on the Court in the manner prescribed by article 535 of the present code is held in court according to the rules of chapters 39 and 42 of this code, with the obligatory participation of the public prosecutor and a lawyer.

5. the hearing must be verified evidence establishing or refuting that person committing a socially dangerous act provided for by the criminal law, heard expert testimony about the mental condition of the accused and checked other circumstances are essential to resolve the issue of the imposition of coercive measures of a medical nature.
6. at the end of the trial, the Court shall hear the opinion of the public prosecutor and a lawyer.
 
Article 537. Issues resolved by the Court in the case 1. In the course of legal proceedings in the case should be investigated and resolved the following issues: 1) whether there has been a socially dangerous act covered by the criminal law;
2) whether the Act is committed the person about the case;
3) committed whether the person socially dangerous act in a State of insanity;
4) whether the person fell ill after committing the crime, mental disease which deprived him of the opportunity to give a report in his actions or control them, and whether the disease is temporary derangement, requiring only the suspension of proceedings;
5) are painful mental disorders face a danger to himself or others, and whether there is a possibility of causing other significant harm;
6) whether application of compulsory medical measure, and if so, what kind.
2. Moreover, the Court should resolve issues stipulated by paragraphs 13 and 14 of Article 414 of the present code.
3. The Court shall permit the case to its definition, which is imposed in the retiring room.
 
Article 538. The definition of a court or judge's decision 1. Recognizing a proven person in the Commission of the status of the insanity of a socially dangerous act provided for by the criminal law, or that the person fell ill after chronic mental illness, depriving him of the opportunity to give a report in his actions or control them, the Court shall determine and judge ruling in accordance with the requirements of articles 23, 77 of the Criminal Code of Turkmenistan, on the release of the person from criminal responsibility or punishment and to coercive measures of a medical nature, together with an indication of the what it is, or to dismiss the case and on the non-use of such measures in cases where a person by nature of his acts and his painful condition does not pose a danger to the public and does not require compulsory treatment. In these cases, the Court shall notify the patient of the health authorities.
2. Recognizing that the insanity of the person the case is decided, not installed, or that the disease of the perpetrator does not eliminate the penalties, the Court, by its decision, and judge Decree gets deal for the production of further investigation and referral of the case in General.
3. When the Court recognizes that non-installed this person to commit socially dangerous acts, as well as in establishing the circumstances provided for in clauses 1-10 the first part of article 31 of the present Code, the Court shall issue a ruling, and the judge ruling on the case on a fixed base to them, regardless of the existence and nature of mental illness the person informing the public health authorities.
4. In determining the Court must resolve the requirements of article 427 of the present code.
 
Article 539. Sacrificing the submission and appeal court ruling can be appealed within the 10 days by counsel, a legal representative, a close relative of the person considered the case as well as the victim or his representative, and the Prosecutor in cassation proceedings in accordance with the requirements of Chapter 44 of this code may be brought by the view.
 
Article 540. Cancellation, change, and the extension of compulsory medical measures 1. If recovery of a person recognized insane, or changes his health there is no need to continue the use of previously adopted coercive measures of a medical nature, the Court at the place of application of the measure on the nomination of the Chief psychiatrist health agencies, which contains the individual based on the opinion of the Commission of specialists, considering the repeal, amendment and extension of compulsory measures of a medical nature in accordance with the procedure established in accordance with the requirements of article 98 of the Criminal Code of Turkmenistan with the mandatory participation of a procurator.
2. A petition for rescission or change of coercive measures of a medical nature may contact next of kin of the person set insane, and other interested persons in the Court that rendered the definition of it, or to a court having jurisdiction over the application of this measure. The Court in these cases, requests the appropriate public health authorities about the State of health of the person who initiated the petition.
3. appointment of a case to hearing the Court informs the legal representative of the person to whom the compulsory measure applied, administration agency involuntary treatment, a lawyer and Prosecutor. Participation of the lawyer and the Prosecutor at the trial is necessary, the failure of other persons does not preclude consideration of the case.

4. Hearing explores the Agency finally forced treatment, the conclusion of a Commission of psychiatrists, heard the views of persons participating in the meeting. If the opinion of the Commission of psychiatrists is in doubt, the Court shall, at the request of the persons participating in the meeting, or on its own initiative, may appoint a forensic psychiatric examination, to seek additional documents, as well as to interrogate the person to whom the compulsory measure applied medical nature if possible as its health.
5. Court cancels or changes a coercive measure of a medical nature in the case of such mental state of a person, which eliminates the need to use previously assigned to enforcement action or there is a need for the appointment of another type of medical measures. Court prolongs the term of compulsory treatment in the absence of grounds for cancellation or amendment of that measure.
6. About the cancellation, modification or extension of the term, including refusal of the application of coercive measures of a medical nature in the retiring room the Court shall determine and judge ruling and announce it at the trial.
 
Article 541. The resumption of the criminal proceedings against the person to whom the compulsory measure applied medical nature 1. If the person to whom due to his illness mental disorder occurring after the crime has been committed forcible measure of a medical nature will be recognized by the Commission of psychiatrists recovered, the Court on the basis of the opinion of the medical establishment in accordance with the requirements of this Code shall issue a ruling on termination of application of coercive measures of a medical nature and decide on the direction of the case for the production of inquiry or preliminary investigation, the attraction of this person as the accused and trial in a general way.
2. Time spent in a medical institution, counted the sentence.
 
Chapter 52. Provision of legal assistance in criminal matters Article 542. Procedural and other actions within the legal assistance 1. In the course of providing legal assistance to the investigating bodies and courts of foreign States with which Turkmenistan has concluded treaties on legal assistance, either on the basis of mutual agreement can be held through the procedural action envisaged in this code, as well as other actions provided for by other laws and international treaties to which Turkmenistan is a party.
2. Costs associated with the provision of legal aid, is the establishment on the territory of the requested State, unless otherwise provided in an international agreement.
 
Article 543. The validity of legal documents drawn up documents on the territory of the States referred to in the first part of article 542, in accordance with the applicable legislation in those States and taped-stamped seal shall be accepted as valid procedural documents without any restriction, unless otherwise stipulated by an international treaty to which Turkmenistan is a party.
 
Article 544. The relationship for the delivery of legal assistance 1. Order of the investigative action is sent to the States concerned by the General Prosecutor of Turkmenistan, and judicial actions-the President of the Supreme Court of Turkmenistan through Minister of Turkmenistan's Adalat.
2. When placing orders is used language of the foreign country in which it is directed, or English unless otherwise provided in an international agreement to which Turkmenistan is a party.
3. Conducting the initial inquiry, the investigator, the Prosecutor, the court prepares a letter rogatory for legal assistance to implement procedural and other actions on the territory of another State in writing on the appropriate form, sign and stamp the seal certifies the body in charge of the criminal proceedings.
4. Order on legal assistance with a motivated petition the appropriate court shall be transmitted to the Prosecutor, respectively, the Prosecutor General, the Chairperson of the Supreme Court, Minister of Turkmenistan's Adalat. The Attorney General, the President of the Supreme Court or the Minister of Turkmenistan's Adalat decide on the direction of the order on the provision of legal assistance to the relevant institution of a foreign State.
5. provision of legal assistance on criminal prosecution and extradition shall be determined by articles 557-559 of the present code.
 
Article 545. The content of the order of proceedings 1. Order of the investigative and judicial proceedings should contain: 1) the name of the body comes order;
 
2) name and address of the location of the body, which is sent to the order;
3) name of the case and the nature of the activity;
4) data on persons in respect of whom the order is given, the date and place of birth, nationality, occupation, place of residence or temporary residence, for legal persons, their name and location;
5) a statement of the circumstances to be clarified, as well as a list of requested documents, exhibits and other evidence;
6) details of the factual circumstances of the crime committed and his qualifications, the text of the relevant article of the Criminal Code of Turkmenistan, in cases of need for data on the amount of damage caused;

7) other information needed to accomplish the task.
2. Content requirements for criminal prosecution and extradition is determined by section 550 of this code and the rules of international law.
 
Article 546. Execution of orders on mutual legal assistance 1. Body conducting an initial inquiry, the investigator, the Prosecutor, the Court acted in due order transmitted to them by the orders of the relevant institutions and officials of foreign States on the investigative or judicial action in accordance with the rules of the present code.
2. at the request of the State, from which comes the assignment in the execution of orders may be subject to the procedural rules of a foreign State, if this is stipulated by an international treaty of Turkmenistan with the State. In these circumstances the documents can be issued in the official language of Turkmenistan and, where necessary, in English or Russian languages, either in a language prescribed by an international treaty.
3. With the permission of the officials referred to in the first part of article 544 of the present Code, in cases stipulated by an international treaty, in the execution of orders may be present representative of the authorized body of the State concerned.
4. If the execution of the order is not within the competence of the authority that received it, it comes back and be notified about this organization, which assumed order.
5. If the order cannot be executed, the documents received shall be returned with reasons, vosprepâtstvuûŝih its execution, through the authority, it has received, either through diplomatic channels to the competent authority of a foreign State, from which it came. Order without execution is returned, if it contradicts the legislation of Turkmenistan or its execution may impair the sovereignty, national independence, policies and principles of the permanent neutrality of Turkmenistan, or security.
 
Article 547. Calling and interrogation of witness, victim, civil plaintiff, civil respondent, their representatives and experts 1. A witness, victim, civil plaintiff, civil respondent, their representatives and the expert, if they are nationals of a foreign State may be caused with their consent for investigative or judicial action on the territory of Turkmenistan by the relevant official handling the criminal case. Application of the arrival of the called person is sent in accordance with procedures stipulated under article 544 of the present code.
2. Participate in the investigative and judicial actions, witnesses, victims, other participants in the proceedings referred to in paragraph 1 of this article shall be carried out in accordance with the requirements of this code, with the condition that they do not apply to: forced drive fine, as well as criminal liability for refusal to testify, for perjury and false conclusion. They may not be held on the territory of Turkmenistan to criminal, administrative responsibility, detained and punished for acts committed before crossing the State border of Turkmenistan. Such persons may not also be punished, prosecuted or detained for their testimony or the giving of conclusion as an expert in connection with the criminal case.
3. If caused by a person referred to in paragraph 1 of this article, were prosecuted and convicted for another offence in the territory of the requested State for legal aid, regardless of a citizen of a State it is, the person may be transferred temporarily.
4. Persons referred to in paragraph 1 of this article shall lose the legal safeguards provided for in part two of this article, if they did not leave the territory of Turkmenistan until the expiration of fifteen days from the day when the body directing criminal proceedings, to warn them that further their presence in a criminal case is not necessary. This term does not count the time within which these individuals through no fault of their own, could not leave the territory of Turkmenistan.
 
Article 548. Direction of the criminal case for the continuation of the prosecution in the case of an offence on the territory of Turkmenistan, a foreign citizen or a stateless person who subsequently beyond it, and the inability to produce legal proceedings involving criminal proceedings in the territory of Turkmenistan, together with a petition about the direction of criminal proceedings in another State is passed to the General Prosecutor's Office of Turkmenistan, which is based on an international treaty to which Turkmenistan shall decide on the direction of its competent authorities of foreign States for the continuation of the criminal prosecution.
 (As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 549. Response to petition for instituting criminal proceedings or continuing criminal prosecution
 

1. treatment of the appropriate authority of a foreign State on the transfer for further investigation of the criminal case against a citizen of Turkmenistan who have committed an offence in the territory of a foreign State and returned in Turkmenistan shall be examined by the public prosecutor of Turkmenistan. The preliminary investigation and trial in such a case shall be conducted in accordance with the requirements of this code.
2. Evidence obtained during the investigation on the territory of a foreign State authorized body or official within the limits of their competence, while continuing the investigation in Turkmenistan have legal force on a par with other available evidence in the case.
3. committing the crime in a foreign country, a citizen of Turkmenistan, returning to Turkmenistan to the initiation of criminal proceedings, criminal proceedings can be brought against him in accordance with the present Code preliminary investigation agencies of Turkmenistan on the materials and documents about the crime presented the relevant institution of the foreign State Prosecutor General of Turkmenistan. The body directing criminal proceedings shall notify The Prosecutor of Turkmenistan on the final decision taken on the case, and to send him a copy of this decision.
 
Article 550. The direction of the extradition of persons for criminal prosecution or execution of sentence 1. In cases and in the manner provided by the law and the international treaties of Turkmenistan, Turkmenistan's Prosecutor General's Office appeals to the competent authority of a foreign State requesting extradition to Turkmenistan of a person who is a citizen of Turkmenistan, a person is not a national of the requested State, the perpetrator of the crime, if that person ordered prosecution as accused or convicted. All the necessary material with the application shall be submitted to the General Prosecutor of Turkmenistan for resolving the issue of the direction to the appropriate competent authority of a foreign State a request for the extradition of a person located in the territory of that State.
2. The request for extradition must contain: 1) the name and address of the requesting authority;
2) surname, name and patronymic of the person against whom the extradition request is sent, the date and place of birth, nationality, place of residence or place of temporary stay and other information about his personality, as well as the physical description, photo, and other materials that enable identification;
3) presentation of factual and legal qualification of acts committed by the person in respect of whom forwarded the extradition request, including information about the size of caused damage to them, bringing the law providing for liability for that Act, with the obligatory indication of sanctions;
4) information about the place and the time of sentencing, has entered into force, any decision on prosecution as a defendant with an application certified copies of relevant documents.
3. the request for extradition for criminal prosecution must be accompanied by a certified copy of the Decree on the application of a preventive measure in the form of detention. The extradition request for execution of the judgement shall be accompanied by a certified copy of the judgement has entered into force and help about neotbytom the term of punishment. In addition, in these cases must be accompanied by a document confirming the nationality of the person subject to extradition.
 
Article 551. The limits of criminal liability issued by person 1. Without the consent of the State where a person cannot be held criminally liable, punished or handed over to a third State for an offence that is not associated with extradition.
2. The rules of paragraph 1 of this article shall not apply to cases of the offence face after his extradition.
 
Article 552. The execution of requests for the extradition of a citizen of a foreign State 1. The demand for the extradition of a citizen of a foreign State accused or convicted of a crime on the territory of Turkmenistan shall be examined by the public prosecutor of Turkmenistan, which shall decide on the request. If there are multiple requirements of States for the extradition of the same person, the question to what state a person will be extradited, the General Prosecutor of Turkmenistan are allowed.
2. the conditions and procedure for extradition shall be determined by the present code and the International Treaty of Turkmenistan with the corresponding foreign State.

3. in the case of a citizen of a foreign State in respect of which submitted the extradition request is serving a sentence for another crime committed on the territory of Turkmenistan, extradition may be deferred until the expiration of the term of punishment prior to the publication of acts of amnesty or pardon or release from punishment for any lawful reason. In the case when a citizen of a foreign State brought to criminal responsibility, his extradition may be deferred until the sentencing, having served their sentence or been released from criminal liability or punishment to any base. If postponement of extradition might entail lapse of criminal prosecution or cause harm to the investigation of a crime, the person whose extradition had been requested, by mutual agreement of the parties may be temporarily extradited.
4. temporarily extradited person after the necessary proceedings in a criminal case with his participation, but not later than the three-month period from the date of issue must be returned. By mutual agreement, this period may be extended, but not exceeding the sentence to which the convicted person, or no more than a sentence which, by law, may be imposed on a person for an offence in the territory of Turkmenistan.
5. Institution where the person is detained, after being instructed the General Prosecutor of Turkmenistan for the extradition shall, within thirty days of the colony and pass the extradited person to the appropriate authority of the State to which the person is returned, and specify the performance report to the public prosecutor of Turkmenistan.
 
Article 553. Refusal to issue 1. In the following cases, extradition to another State is not used or if extradition is refused: 1) a person in respect of whom a request of a foreign State to extradite a citizen of Turkmenistan;
2) the requested person has been granted the right of asylum by Turkmenistan;
3) the Act giving rise to the extradition request is not considered the laws of Turkmenistan as a crime;
4) in respect of a person for the same offence has already been sentenced, executory, or the proceedings are terminated;
5) criminal proceedings may not be brought or a sentence may not be carried out according to the laws of Turkmenistan due to the Statute of limitations or other legal grounds;
6) a person serving a sentence are not reimbursed in full damage.
2. extradition may be refused if the offence on which the request for extradition stated, is committed in the territory of Turkmenistan or beyond, but is directed against the interests of Turkmenistan.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 554. The continuation of criminal proceedings against stateless persons and nationals of third countries and their extradition 1. The procedure for sending materials, documents for the continuation of the criminal prosecution and the execution of an application for the continuation of the criminal proceedings or criminal proceedings against stateless persons and nationals of third countries is determined by the rules of articles 548-549 of the present code.
2. the procedure for extradition of stateless persons and nationals of third countries is determined by the rules contained in articles 550-553 of this code.
 
Article 555. Extradition arrest 1. Upon receipt from the competent authority of a foreign State demands full compliance with all the rules, if there are legitimate grounds for the extradition of a person, it may be delayed and as a preventive measure by an extradition warrant. On the request of the requesting State, a person may be detained in custody and pending receipt of an extradition request. The petition must contain a reference to the detention order or sentence, which entered into legal force, and the indication that the extradition request will be charged additionally. Petition for detention prior to extradition claim may be referred to by post, Telegraph, telex, fax or electronically. After studying the submissions, if there are reasonable grounds for believing that the detainee and the person in respect of whom declared wanted, are one and the same person, and in the absence of grounds set forth in Article 553 of this code, the Prosecutor shall order extradition arrest what Announces arrested under the painting in the decreeing. The Prosecutor immediately transmits a message about whether they has ordered the arrest of Prosecutor General of Turkmenistan. In the message identifies the State of nationality of the arrested person, and the name of the body who wanted.
2. a person may be detained for up to three days without petition specified in subsection 1 of this article, if there are legitimate reasons to believe that it may have committed an offence in the territory of another State, which may entail extradition. The detention of a person shall be notified immediately to the appropriate authority of a foreign State, or who has the right to send the extradition request, a proposal on the date and place of issuance.

3. If within thirty days of the issuance of, person, concluded in custody shall be released by order of the Prosecutor. A person detained under part two of this article shall be released if the request for his extradition is received within the period allowed by the legislation of Turkmenistan. Repeated detention is permitted only after considering the new extradition request made in accordance with paragraph 1 of this article.
4. Purposes of the detainee's arrest in accordance with Article 552 of this code shall be made by the Prosecutor for up to one month. If it is not received in this period from the competent authority of the State, who had wanted the extradition request, but if you have warranty on receipt of an application for detention and extradition in the future will be sought, the period of detention for extradition purposes on the request of the Prosecutor who ordered the arrest may be extended by the Prosecutor General or Prosecutor of the city from Mashhad to two months, with this message to the General Prosecutor of Turkmenistan. Only in exceptional cases, under the conditions specified in part 2 of this article, the period of detention for extradition purposes at the request of the Prosecutor of the region could be extended by the General Prosecutor of Turkmenistan for the period up to three months.
5. the place of Leaders imprisoned for seven days prior to the expiration of the term of detention of the person arrested shall notify the Prosecutor who ordered the extradition arrest.
6. the release of a person arrested for extradition is executed by the Decree of the Prosecutor who ordered the extradition arrest, including it is exempt, if the dates referred to in this article, extradition was not held and terms have expired, as reported to the General Prosecutor of Turkmenistan.
 
Article 556. Transit 1. Application of the appropriate authority of a foreign State of transit through the territory of Turkmenistan of a person extradited to that institution by a third State, considered to be in the same order as requirement for extradition.
2. The way of the transit operation shall be determined by the General Prosecutor of Turkmenistan in agreement with the relevant authorities.
 
Article 557. Transfer objects when extradition of a person to a foreign State authority passed items giving guns or items on which left traces of the crime, as well as items obtained illegally. These items are passed on the basis of motions and in cases where extradition of a person as a consequence of his death or for other reasons cannot take place.
2. The items mentioned in paragraph 1 of this article may be temporarily detained, if they are required for the production in another criminal case.
3. To protect the legitimate rights of third parties, the transfer of the items indicated in paragraph 1 of this article, shall be granted only if there are guarantees of the appropriate authority of a foreign State for the return of items at the end of the proceedings.
 
Article 558. Grounds for the extradition of the convicted to deprivation of liberty, to serve their sentences in the State of which he is a basis for extradition of a person has been convicted by a court or judge of Turkmenistan to imprisonment, to serve their sentences in the State of which he is a national, as well as for the extradition of a citizen of Turkmenistan, has been convicted by a Court of a foreign State to imprisonment, to serve a sentence in Turkmenistan is Turkmen international treaty with the relevant foreign State or bilateral agreement in writing between the General Prosecutor of Turkmenistan and the competent body or official of a foreign State.
 
Article 559. The conditions and procedure for the extradition of the convicted to serve their sentences in the State of nationality 1. Extradition of a person has been convicted in Turkmenistan, to serve their punishment in the State of which he is a national is allowed before the expiry of the serving of the sentence of deprivation of liberty on the request of the convicted person, his legal representative or a close relative, as well as on the request of the competent authority of the State concerned, with the consent of the convicted person.
2. extradition of a person referred to in paragraph 1 of this article may be implemented by decision of the General Prosecutor of Turkmenistan only after the entry of judgment enforceable. The Prosecutor, authorized by the General Prosecutor of Turkmenistan shall notify the Court that rendered a verdict on the extradition of the person to a country where it is.
 
Article 560. The refusal to grant a foreign State has been convicted to a prison to serve his sentence in the extradition of the convicted to deprivation of liberty by the judge or the Court of Turkmenistan, to serve their sentences in the State of which he is a national may be refused if: 1) none of the problems a person acts in Turkmenistan, did not constitute a criminal offence under the laws of the State of which he is a national;
2) punishment cannot be enforced in a foreign country because of lapse of time or for other reasons provided by law of this State;
3) from the person or from a foreign country has not received guarantees of enforcement in civil lawsuit;
4) no agreement for the extradition of the convicted person in accordance with the provisions of the international treaty;

5) the accused has a permanent place of residence in Turkmenistan.
 
Article 561. The hearing of the application a citizen of Turkmenistan on reception for serving penalties 1. Turkmen citizen, convicted to deprivation of liberty by a Court of a foreign State, his or her legal representative or a close relative, as well as the competent authority of a foreign State, with the consent of the convicted person can appeal to the General Prosecutor of Turkmenistan for prisoners serving sentence in Turkmenistan.
2. In the case of a petition the General Prosecutor of Turkmenistan is making a presentation about the execution of the sentence of the Court of a foreign State in velaâtskij court or city from Mashhad to the place of permanent residence of the convicted person prior to departure from Turkmenistan. If the convicted person does not have a permanent place of residence in Turkmenistan, the presentation is made in the Supreme Court of Turkmenistan.
 
Article 562. Procedure to resolve court matters related to the execution of a court judgment of a foreign State 1. Representation of the General Prosecutor of Turkmenistan for resolving issues related to the enforcement of the sentence, shall be considered by the judge at the trial in the absence of a convict in the manner and within the period established by this code.
2. the enforcement ruling, the justices of the Court of a foreign State must be specified: 1) the name of the Court of a foreign State, the time and place of conviction;
2) last place of residence in Turkmenistan of a condemned man, his place of work and occupation prior to trial;
3) on the basis of what the criminal law considered his case in court and the qualification of the offence of which the accused;
4) criminal law of Turkmenistan envisaging responsibility for a crime committed by the convicted person;
5) dates the beginning and end of punishment, the type and duration of primary and secondary punishment which a convict must serve in Turkmenistan; view correctional institution, compensation in a civil lawsuit.
3. If, under the law of Turkmenistan for the committed offence is imprisonment limit less than the judgement of a Court of a foreign State for the Commission of the Act, the judge shall designate the maximum imprisonment stipulated in the Penal Code of Turkmenistan. If the deprivation of liberty is not specified as a punishment, the judge shall appoint a penalty within the Criminal Code of Turkmenistan for the offence in question and the most appropriate designated by the verdict of a Court of a foreign State.
4. If the sentence relates to two or more acts, some of which do not recognize crimes in Turkmenistan, the judge decides which part of the sentence by sentence of a Court of a foreign State applies to an act a crime.
5. The judge's decision comes into force from the moment of its adoption and shall be sent to the General Prosecutor of Turkmenistan for enforcement.
6. In case of cancellation or modification of the sentence of a Court of a foreign State or the application of amnesty or pardon, issued in a foreign State, the issues of enforcement of the revised sentence, as well as the application of amnesty or pardon in respect of a person serving a sentence in Turkmenistan shall be resolved according to the rules of the present article.