Article 23. The rights of a judicial expert The Law on Judicial Expertise
1. The judicial expert has the right:
1) to get acquainted with the case materials related to the subject of the forensic examination;
2) submit petitions for the provision of additional materials necessary for giving an opinion, as well as for taking security measures.;
3) participate in the production of procedural actions and a court session with the permission of the body conducting the criminal process, the investigating judge, the court, the body (official) in charge of the administrative offense case, and ask the persons participating in them questions related to the subject of the forensic examination.;
4) get acquainted with the protocol of the procedural action in which he participated, as well as, in the relevant part, with the protocol of the court session and make observations to be entered into the protocols regarding the completeness and correctness of recording his actions and testimony.;
5) in agreement with the body (person) that appointed the forensic examination, to give, within its competence, an opinion on the circumstances identified during the forensic examination that are relevant to the case, going beyond the issues contained in the resolution, the definition on the appointment of a forensic examination.;
6) submit an opinion and give evidence in his native language or a language he knows; use the free help of an interpreter, challenge him;
7) appeal against the decisions and actions of the body (person) that appointed the forensic examination and other persons participating in the proceedings that infringe on his rights during the conduct of the forensic examination.;
8) receive reimbursement of expenses incurred during the conduct of a forensic examination and remuneration for the work performed, if the conduct of a forensic examination is not included in the scope of his official duties.
2. A judicial expert may not:
1) to negotiate with the participants in the process on issues related to the conduct of a forensic examination, without the knowledge of the body (person) who appointed the forensic examination;
2) independently collect materials for research;
3) to carry out investigations that may entail the complete or partial destruction of objects or a change in their appearance or basic properties, unless there was a special permission from the body (person) who appointed the forensic examination.
This Law regulates public relations in the implementation of forensic expertise in the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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