Article 274. The rights of the suspect, accused, victim, witness, defender and representative of the victim in the appointment and conduct of the examination the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

     1. when appointing and conducting an examination, the victim, suspect, accused, defense attorney and representative of the victim shall be obliged to::

     1) prior to the examination, have the right to get acquainted with the resolution on its appointment, information on the origin of the objects of examination, to receive an explanation of the rights belonging to them, about which a protocol is drawn up;

     2) to declare an objection to the expert or a petition for the exclusion of the forensic expert body from the examination;

     3) to submit a petition on the appointment of persons specified by them or employees of specific forensic examination bodies as experts, as well as on the conduct of the expert commission of the expert examination;

     4) Submit to the expert a request to raise additional questions or clarify the issues raised;

     5) participate in the examination with the permission of the body conducting the criminal process in accordance with the procedure provided for in Article 278 of this code;

     5-1) get acquainted with the resolution on satisfaction or refusal to satisfy the expert's application for the provision of additional materials;

     6) familiarization with the expert's opinion or a message about the impossibility of issuing an opinion in accordance with the procedure provided for in Article 284 of this code.

     2.the listed rights are granted by a witness, including a witness who has the right to be protected, subject to examination, and a person, if his mental state allows it, in respect of whom proceedings are being conducted on the application of compulsory medical measures.

     3.if the examination was carried out before the person is recognized as a suspect or before the issuance of a resolution on the qualification of the suspect's actions, the criminal prosecution body is obliged to familiarize him with the resolution on the appointment of the examination, the expert's opinion and explain to him the rights provided for in Article 286 of this code.

     4.examination of victims and witnesses, as well as the person affected by the commission of a criminal offense and the person in respect of whom the issue of recognition as suspicious is being resolved, shall be carried out only with their written consent. If these persons are minors or recognized by the court as incapacitated, written consent to the examination is issued by their legal representatives. The specified rule does not apply to conducting an examination in cases stipulated by Article 271 of this code.

     5.in case of satisfaction of the petitions submitted by the persons specified in the first and second parts of this article, the body conducting the criminal process shall change or supplement its resolution on the appointment of a corresponding examination. In case of refusal to satisfy the petitions, he issues a reasoned decision and announces it against signature to the person who submitted the petition.

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

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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