Article 272-1. The request of a lawyer who is a defender, a representative of the victim, to conduct a forensic examination of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. The conduct of a judicial examination on the basis of a request from a lawyer who is a defender or representative of the victim, in accordance with the procedure provided for in paragraph 3) of the third part of Article 122 of this Code, is carried out if there is no need to claim the objects of research from the body conducting the criminal proceedings.

     2. the request contains: the last name, first name, patronymic of the lawyer (if it is indicated in the identity document), the time, place of appointment of the examination; type of examination; grounds for appointment of the examination; information about the objects to be submitted for examination and their origin, as well as permission for possible complete or partial destruction of the objects specified during the; it indicates the name of the body, Organization of the forensic examination and (or) the surname, first name, patronymic (if it is indicated in the identity document) of the person who has expressed a desire to entrust the conduct of the forensic examination.

     A written notification of protection (representation) is also attached to the request.

     3. The person conducting the criminal proceedings shall be notified at the same time about sending a request to a lawyer for a forensic examination representing a defender or a victim, who shall verify the existence of grounds provided for in Article 93 of this Code for objecting to the expert, and also, if necessary, send additional questions to the expert.

     4.A lawyer who is a lawyer, a representative of the victim, submits to the expert a request for conducting a forensic examination and objects of expertise, explains to him the rights and obligations provided for in Article 79 of this code and, having received a receipt, warns about criminal liability for giving a knowingly false opinion.

     The specified receipt is attached to the materials of the criminal case on the basis of a letter from a lawyer who is a lawyer, a representative of the victim. The expert's statements, petitions and arguments for their rejection are also attached in this way.

     5. An expert opinion issued on the basis of a request from a lawyer who is a defender or representative of the victim shall be drawn up in two copies, one of which shall be sent to the person conducting the criminal proceedings, the other to the initiator of the request for a forensic examination.

     6.when conducting a forensic examination at the request of a lawyer who is a defender, a representative of the victim, compensation for expenses related to its conduct, as well as payment for the expert's labor is made in accordance with the rules of Chapter 21 of this code. Reimbursement of expenses is assigned to the person in whose interests the forensic examination was carried out.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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