Article 19. Judicial expert The Law on Judicial Expertise

Home / RLA / Article 19. Judicial expert The Law on Judicial Expertise

1. The production of a forensic examination may be entrusted:

1) employees of the judicial examination bodies;

2) individuals engaged in forensic expertise on the basis of a license;

3) to other persons on a one-time basis in the cases provided for in paragraph 3 of this Article.

2. The persons specified in subitems 1) and 2) of paragraph 1 of this Article must be citizens of the Republic of Kazakhstan.

3. The production of a forensic examination on a one-time basis may be entrusted in the following cases::

1) appointment of a forensic examination that is not provided for in the list of types of forensic examinations established by the Ministry of Justice of the Republic of Kazakhstan;

2) satisfaction of a reasoned challenge to judicial experts of the relevant specialty who are employees of the judicial examination bodies, as well as to persons engaged in forensic expert activity on the basis of a license, or reasoned suspension from the judicial examination of the judicial examination body as a whole;

3) involving a judicial expert of a foreign state in accordance with Article 62 of this Law.

4. A judicial expert must meet the qualifications and other requirements established by law.

5. A person cannot be a judicial expert.:

1) recognized by the court as legally incompetent or with limited legal capacity;

2) having a criminal record that has not been expunged or removed in accordance with the procedure established by law;

3) convicted or released from criminal liability for committing a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for the commission of grave or especially grave crimes.

6. A person may not be a judicial expert for three years from the date of the occurrence of the relevant legal fact.:

1) whose criminal record has been expunged or withdrawn in accordance with the procedure established by law;

2) who is exempt from criminal liability for committing a criminal offense or crimes of minor and moderate gravity on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

3) dismissed from public service, from law enforcement agencies, special state bodies, courts, from military service, from judicial examination bodies for committing a disciplinary offense;

4) deprived of a license to engage in forensic expertise;

5) excluded by the Law of the Republic of Kazakhstan dated 04/18/2017 No. 58-VI (effective ten calendar days after the date of its first official publication).

This Law regulates public relations in the implementation of forensic expertise in the Republic of Kazakhstan.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases