Article 176. Reimbursement of expenses incurred by persons involved in criminal proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. In the course of criminal proceedings, the following expenses of the victim, the civil plaintiff, their legal representatives, lawyers providing legal assistance as a defender or representative of the victim (private prosecutor) as appointed by the body conducting the criminal proceedings shall be reimbursed from budgetary funds in the cases provided for in part three of Article 67 and part two of Article 76 of this Code, an interpreter, an interpreter, a specialist, an expert, a witness, a candidate for a jury who was summoned to court but not selected to serve on the jury:
1) expenses for attendance at the summons of the body conducting the criminal process:
the cost of travel by rail, water, automobile (with the exception of taxis) and other types of transport existing in the area, and with the consent of the body conducting the criminal process, the cost of travel by air;
the cost of renting residential premises according to the standards adopted for paying for business trips, provided that these costs are not reimbursed by the organization, the employer;
2) daily allowance, if necessary, for these persons to reside at the request of the body conducting the criminal proceedings outside their place of permanent residence and provided that the daily allowance is not reimbursed by the organization, the employer;
3) the average earnings for all the time spent at the request of the body conducting the criminal proceedings to participate in criminal proceedings, except in cases where the average earnings are retained by the organization, the employer;
4) expenses for the restoration or acquisition of property that has lost its quality or has been lost as a result of a person's participation in an investigative or other procedural action at the request of the body conducting the criminal proceedings.
2. State bodies and organizations are obliged to preserve for the victim, his legal representative, a witness, translator, specialist, expert, witness, candidate for juror, summoned to court but not selected to the jury, the average earnings for all the time spent by them at the request of the body conducting the criminal process, on participation in criminal proceedings.
3. The specialist and the expert shall also be reimbursed for the cost of chemical reagents and other consumables belonging to them, which they spent while performing the assigned work, as well as the fees they paid for the use of equipment, utilities and other services.
4. Expenses incurred in the course of criminal proceedings shall be reimbursed at the request of the persons listed in part one of this article, on the basis of a resolution of the body conducting the criminal proceedings, in the amount established by law. The procedure for payment of these expenses is determined by the Government of the Republic of Kazakhstan. These expenses may also be reimbursed at the expense of the party that involved the persons listed in the first part of this article to participate in the investigative action, or in other cases provided for by this Code. The expenses provided for in paragraphs 1), 2) and 4) of the first part of this article may be reimbursed in accordance with the legislation by the body conducting the criminal proceedings on its own initiative.
PrPresident
Republic of Kazakhstan
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