The police may get involved in domestic violence disputes when they receive information on acts of domestic violence.

Assistance to victims of domestic violence is provided based on the following:

• reports received from any person
• appeals from persons/organizations that protect individuals from domestic violence (prosecutors' offices, social development/health/educational authorities, etc.)
• information received from the actively operating Unified State Dispatch Service "System-112" of the Ministry of Emergency Situations of the Kyrgyz Republic
• information from media sources
• victims' appeals made by phone, including anonymously

The police must take immediate actions to eliminate the threat to the life or health of a person affected by domestic violence and other family members or persons equated to them.

Police officers may enter private territory/accommodation without hindrance to take measures to prevent domestic violence if there are grounds to believe that there are persons whose life and health are in danger.

The following legislation is relevant in this regard:

• Article 25 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence"
• Appendix 1 to Decree No. 390 of the Government of the Kyrgyz Republic of 1 August 2019

Law firms provide legal aid and advice on domestic violence at the request of a party to domestic violence. In addition, a person being held under suspicion of committing a crime is provided with a lawyer from the moment of their actual arrest by the criminal prosecution body.

The following legislation is relevant in this regard:

• Law No. 135 of the Kyrgyz Republic of 14 July 2014 "On Legal Defence and Legal Defence Activities"
• Law No. 201 of the Kyrgyz Republic of 16 December 2016 "On State-Guaranteed Legal Aid"

Yes. There is a fundamental principle of presumption of innocence: a person is presumed innocent until proven guilty of an offense/misconduct in a manner prescribed by law. A guilty verdict may not be based on suppositions.

Article 17 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

Yes. The Criminal Procedure Code sets forth general requirements regarding the inadmissibility ofevidence.

Inadmissible evidence includes the following:

• the testimony of the suspect or the person accused of committing a criminal offense, given during the pretrial proceedings in the attorney's absence, except in cases where the attorney refused to attend (though in this case, their testimony must be confirmed in court)
• the testimony of a witness, suspect or accused, obtained during pretrial proceedings with the use of torture, violence, threats, fraud, and other illegal actions and ill treatment, as well as evidence obtained as a result of torture
• the testimony of a victim or witness based on conjecture, assumptions and hearsay, as well as the testimony of a witness who cannot indicate the source of their knowledge
• the testimony of a person who, in the manner prescribed by the Code of Criminal Procedure, was deemed incapable at the time of interrogation of correctly perceiving or reproducing circumstances relevant to the criminal case
• evidence obtained during a procedural action by a person who does not have the right to conduct proceedings in this criminal case, as well as with the participation of a person subject to a challenge
• any evidence obtained using methods contrary to scientific knowledge
• any other evidence obtained through a violation of the requirements of the Code of Criminal Procedure

There are also special requirements for certain types of evidence (for example, documents).

Section 3 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

Yes. Any doubts are to be interpreted in favor of the defendant; therefore, proof "beyond a reasonable doubt" must be presented.

Article 17 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

Yes. It is not necessary to give proof for a TSO to be issued (an analog of the ex parte order).

Yes. The accused may present evidence in their defense that will negate criminal liability.

Article 47 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

This depends on the crime. Punishment is imposed based on the principle of fault. Fault can be presented in two forms: willful intent and negligence.

It is difficult to imagine a situation of negligent domestic violence. Therefore, violence in the family (Article 75 of the Code of Misconduct of the Kyrgyz Republic) can be incriminated based only on willful intent (whether direct or indirect). However, manslaughter as a result of persistent domestic beating occurs frequently.

The following legislation is relevant in this regard:

• Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017
• Code of Misconduct No. 18 of the Kyrgyz Republic of 1 February 2017

Yes. A false report of a crime is punished with correctional works under categories III^[4] or IV,^[5] a penalty or imprisonment under category I.^[6]

If the same act is committed in the following ways, it is punishable by correctional works under category IV, a fine under category V^[7] or by imprisonment under category II:^[8]

1. committed with a charge of committing a serious or particularly serious crime
2. combined with the artificial creation of evidence for the prosecution
3. committed out of self-interest
4. committed in the interests of an organized group or criminal organization

Article 344 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 is relevant in thisregard.

There is no specific definition of or a particular legal provision regarding consent in domestic violence cases. Any act of domestic violence is presupposed to be made without the consent of the victim.

Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

Yes. Self-defense is a circumstance that excludes the criminality of the offense.

Insane offenders cannot be subject to criminal liability.

Articles 27 and 49 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 are relevant in this regard.

A witness will have to tell the authorized bodies everything that they know about the case and answer their questions honestly.

Article 58 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 is relevant in thisregard.

Close relatives and the spouse of the accused may abstain from testifying in certain situations.

Article 58 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 is relevant in thisregard.

A witness can refuse to testify in a domestic violence action due to a relationship.

Every witness has witness immunity. They may refuse to testify against themselves, their close relatives or their spouse.

Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

There are no special provisions. According to the definition of a victim, children can de jure be a victim. Therefore, they have the same status as an adult victim.

Article 1 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

Yes. Children can only be called to testify in the presence of their parents or legal representatives and a social worker/psychologist.

Articles 58 and 196 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 are relevant in this regard.

In such cases, the only measure of punishment is imprisonment of the highest categories.

Article 164 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

First-time offenses are subject to a fine or involvement in public works.

Beating,^[9] causing minor injuries^[10] and violence in the family,^[11] as the most common domestic violence offenses, are exclusively administrative offenses (not criminal ones).

Articles 65, 66 and 67 of the Code of Misconduct No. 18 of the Kyrgyz Republic of 1February2017 are relevant in this regard.

Yes. Domestic violence offenses can cause more serious injuries. The Criminal Code establishes some other offenses:

• serious bodily injury (a life-threatening injury or injury that causes organ loss of function or another health disorder)^[12]
• less serious bodily harm (a non-life-threatening injury that causes long-term health problems or slight, persistent loss of overall ability)^[13]
• torture (causing physical or mental suffering through systematic beating)^[14]
• the threat of life-threatening violence^[15]
• murder^[16]

Articles 130, 138, 139, 144 and 145 of Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017 are relevant in this regard.

This depends on the type of order. Violating TSO provisions entails a fine^[17] or involvement in public works.^[18]

Articles 45, 49 and 76 of the Code of Misconduct No. 18 of the Kyrgyz Republic of 1 February 2017 are relevant in this regard.

Violating RO provisions entails one of the other types of preventive measures (including house arrest or detention).

Articles 106 and 124 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017 are relevant in this regard.

The answer to the question is fully disclosed in the answers to the previous questions in Section 5.5.

Yes. The offender's release from custody can only take place in the criminal procedure. The bodies providing state protection are obliged to notify persons taken under protection about the application and change of their security measures in a timely manner.

Article 25 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" is relevant in this regard.