Article 278. The presence of participants in the process during the forensic examination of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The body conducting the criminal proceedings has the right to be present during the examination, to receive explanations from the expert about the actions he is taking. The fact of the presence of the body conducting the criminal process during the examination is reflected in the expert opinion.

     2. During the examination, with the permission of the body conducting the criminal process, participants in the process may be present, defending their own or represented rights and interests. In this case, the participation of the body conducting the criminal process is mandatory.

     3. If the body conducting the criminal proceedings satisfies the relevant request, the person who submitted it will be notified of the place and time of the examination. The non-appearance of the notified person does not prevent the examination.

     4. The participants in the process, who are present during the forensic examination, do not have the right to interfere in the course of research, but may provide explanations related to the subject of the forensic examination.

     5. If a participant in the process who is present during the conduct of a forensic examination interferes with the activities of a forensic expert, the latter has the right to suspend the investigation and petition the body conducting the criminal proceedings or the person who appointed the examination to revoke the permission of the specified participant in the process to be present during the conduct of the forensic examination.

     6. When a judicial expert draws up an opinion, as well as at the stage of a meeting of judicial experts and the formulation of conclusions, if the judicial examination is carried out by a commission of judicial experts, the presence of participants in the process is not allowed.

     7. The production of forensic psychiatric and forensic psychological-psychiatric expertise is carried out in conditions of confidentiality.

     8. When conducting forensic examinations of a person, accompanied by his exposure, only persons of the same sex may be present. This restriction does not apply to doctors and other medical professionals involved in conducting these studies.

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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