Article 276. Conducting an expert examination by a judicial examination body. Rights and duties of the head of the judicial examination body of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. When assigning an expert examination to a judicial examination body, the body conducting the criminal process, the investigating judge, shall send a resolution on the appointment of an expert examination and the necessary materials to its head. The examination is carried out by the employee of the judicial examination body, who is specified in the resolution. If a specific expert is not specified in the resolution, the selection of the expert is carried out by the head of the forensic examination body, which he informs the person who appointed the examination within three days.
2. In the event that the examination is ordered by the decision of the investigating judge, the body conducting the criminal process sends the necessary materials and items to the head of the judicial examination body.
3. In the case of an expert examination, at the request of the defender or the victim's representative, the necessary materials are provided by the defender or the victim's representative.
4. The head of the judicial examination body has the right:
1) indicating the reasons, return to the body conducting the criminal process, without execution, the decision on the appointment of a forensic examination and the objects submitted for research in cases where: this body of forensic examination does not have an expert with the necessary special scientific knowledge; the material and technical base and conditions of this body of forensic examination do not allow to solve specific expert tasks; The questions put before the forensic expert go beyond his competence.; the materials for the examination are submitted in violation of the requirements of this Code;
2) to petition the person conducting the criminal proceedings for the inclusion in the commission of judicial experts of persons who do not work in this body of judicial expertise, if their special scientific knowledge is necessary to give an opinion.
The head of the judicial examination body also has other rights provided for by law.
5. The head of the judicial examination body is not entitled to:
1) independently claim the objects necessary for the examination;
2) without coordination with the body conducting the criminal process, involve persons who are not employees of this body of judicial expertise in its proceedings.;
3) give the expert instructions that prejudge the content of the conclusions of a particular examination.
6. The head of the judicial examination body is obliged to:
1) upon receipt of the resolution on the appointment of a forensic examination and objects of research, entrust the production to a specific expert or a commission of experts of this body of forensic examination, taking into account the requirements of the first part of Article 272 of this Code;
2) without violating the principle of independence of a judicial expert, ensure control over compliance with the deadline for conducting a forensic examination, the comprehensiveness, completeness and objectivity of the research conducted, and ensuring the safety of objects of forensic examination;
3) not to disclose information that has become known to him in connection with the organization of the examination;
4) provide the conditions necessary for conducting research.
President
Republic of Kazakhstan
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