Article 272. The procedure for appointing an expert examination of the Criminal Procedure Code of the Republic of Kazakhstan The Criminal Procedure Code of the Republic of Kazakhstan

     1. Recognizing that it is necessary to appoint a forensic examination, the body conducting the criminal process, the investigating judge issues a resolution on this, which specifies: the name of the body that appointed the examination, the time and place of appointment of the examination; the type of examination; the grounds for appointment of the examination; objects sent for examination, and information about their origin, as well as permission for possible complete or partial destruction of the specified objects, changes in their appearance or basic properties during the study; the name of the judicial examination body and (or) the surname, first name, patronymic (if any) of the person charged with conducting the forensic examination.

     2. The decision of the body conducting the criminal process, the investigating judge, on the appointment of an expert examination is mandatory for execution by the bodies or persons to whom it is addressed and falls within their competence.

     3. Judicial examination of a victim or witness, with the exception of the cases provided for in paragraphs 2), 3) and 5) of the first part of Article 271 of this Code, shall be carried out with their consent or the consent of their legal representatives, which shall be given by the said persons in writing.

     4. The person who appointed the expert examination shall acquaint the suspect, the accused, his defense counsel, the victim, his representative, as well as the witness undergoing the expert examination, including those entitled to defense, his legal representative, and explain to them the rights provided for in Article 274 of this Code. A protocol is drawn up on this, signed by the person who appointed the examination and the persons who are familiar with the resolution.

     5. An expert examination may be appointed on the initiative of the participants in the process, protecting their own or represented rights and interests. The participants in the process, defending their own or represented rights and interests, shall submit in writing to the body conducting the criminal proceedings the issues on which, in their opinion, an expert opinion should be given, indicate the objects of the study, and also name the person who can be invited as an expert. The body conducting the criminal procedure has no right to refuse to appoint an expert examination, except in cases where the issues submitted for its resolution do not relate to the criminal case or the subject of the forensic examination. The person conducting the pre-trial investigation issues a reasoned decision on the refusal to satisfy the petition within three days from the date of receipt of the petition.

     6. When deciding on the appointment of an expert examination in accordance with the procedure provided for in paragraph 7) of the second part of Article 55 of this Code, the investigating judge invites the defense party to submit in writing the questions that need to be put before the expert, and listens to the opinion of the participants in the process on them.

     The parties have the right to specify which objects are subject to expert examination, as well as to whom the examination may be entrusted and to challenge the expert.

     When the investigating judge appoints an expert examination, the person conducting the pre-trial investigation provides the necessary items and materials at his disposal.

     7. Excluded by the Law of the Republic of Kazakhstan dated 06/09/2021 No. 49-VII (effective ten calendar days after the date of its first official publication).      8. Excluded by the Law of the Republic of Kazakhstan dated 06/09/2021 No. 49-VII (effective ten calendar days after the date of its first official publication).

     9. A participant in the process, on whose initiative an expert examination is appointed, may submit objects and documents as objects of expert research. The body conducting the criminal proceedings has the right to exclude them from the list of such persons by a reasoned decision.

     10. Having considered the submitted issues, the body conducting the criminal proceedings rejects those of them that do not relate to the criminal case or the subject of the forensic examination, finds out whether there are grounds for challenging the expert, and then issues a resolution on the appointment of an expert examination in compliance with the requirements specified in the first part of this article.

     11. Reimbursement of expenses related to the examination, as well as remuneration for the expert's work, shall be made in accordance with the rules of Chapter 21 of this Code. In cases of expert examination at the request of the defender and the victim's representative, reimbursement of expenses is assigned to the person in whose interests it was carried out.

     12. The body conducting the criminal proceedings shall ensure that the suspect, the witness entitled to defense, the subject of the examination, the victim, the accused, the witness are brought to the expert if their presence is deemed necessary during the examination, except for the cases provided for in the first part of Article 272-1 of this Code. In the cases provided for in paragraph 9) of the first part of Article 55 of this Code, the person conducting the pre-trial investigation shall submit to the court a petition for the compulsory placement of a person not in custody in a medical organization for forensic psychiatric and (or) forensic medical examinations.

     The footnote. Article 272 as amended by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see Article 2); dated 06/09/2021 No. 49-VII (effective ten calendar days after the date of its first official publication).

President    

Republic of Kazakhstan     

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