Home > 5.2 Content of the referendum > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 106
 

It is also unclear whether following this new provision, courts would be able to render a guilty verdict even in cases where the statute of limitation has elapsed. In this context, it may be useful to refer to Article 315 of the Criminal Procedure Code, which states that “a court shall render the guilty verdict without assignment of punishment in the instances when by the moment of rendering [the judgment] the statute of limitations for criminal liability for such crime has expired.” As recently concluded by the OSCE/ODIHR, while such a provision is rather unusual (though not entirely exceptional, as similar rules may be found in other countries), it is nonetheless considered to be in line with general rules on the presumption of innocence. However, the legal consequences of such a guilty verdict remain unclear. If such a verdict has only a symbolic value and no other legal consequences are attached to it that could potentially worsen the legal situation of the defendant, then the proposed amendment is not prima facie problematic, although the guilty verdict by itself would already worsen the defendant’s situation.