Article 117. Conclusion and testimony of a specialist of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. A specialist's opinion is an official document drawn up in accordance with the requirements of part three of this article and submitted in writing, reflecting the content of the study and conclusions on the issues raised by the specialist, the person conducting the criminal proceedings, or the parties.
The procedure for appointing a study, preparing a report on the impossibility of giving a conclusion, the rights and obligations of the suspect, the accused, the victim and his representative, witness, defender in the appointment and conduct of research, guarantees of the rights and legitimate interests of persons in respect of whom the study is conducted, the right of participants in the process to be present during the study, legal requirements for the objects of research, procedure and legal consequences of presenting a specialist's report to a suspect or victim, The grounds and procedure for obtaining samples for research are established by Chapters 34 and 35 of this Code, taking into account the specifics of the production of research by a specialist.
2. After carrying out the necessary research, the specialist draws up a written opinion on his own behalf and certifies it with his signature.
A written expert opinion drawn up by an employee of an authorized subdivision of a law enforcement or special state body of the Republic of Kazakhstan is certified by the seal of the specified subdivision.
The expert's opinion can be issued in the form of an electronic document.
3. The expert's conclusion should specify: the date of its registration, the time and place of the study; the details of the investigative report, to which the expert's conclusion is attached, information about the specialist who conducted the study (surname, first name, patronymic (if any), education, specialty, work experience in the specialty, academic degree and academic title, position held); a mark certified by the signature of a specialist stating that he has been warned of criminal liability for knowingly giving a false conclusion; questions posed to the specialist; the objects of research, their condition, packaging, and sealing; the content and results of the research, indicating the methods used; evaluation of the results of the research, justification and formulation of conclusions on the issues raised by the specialist.
4. Materials illustrating the expert's conclusion (photo tables, diagrams, graphs, tables and other materials), certified in accordance with the procedure provided for in part two of this article, are attached to the conclusion and are an integral part of it. The remaining objects, including samples, should also be attached to the conclusion.
5. Oral explanations by a specialist are evidence only in part of the explanation of the conclusion given by him earlier.
6. The testimony of a specialist is information provided by him during an interrogation conducted after receiving the conclusion, in order to clarify or clarify the conclusion given by him.
7. The expert's opinion is not mandatory for the body conducting the criminal proceedings, however, his disagreement with the conclusion must be motivated.
The footnote. Article 117 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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