Article 279. Placement in a medical organization for examination of the Criminal Procedure Code of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan
1. If the conduct of a forensic examination of a person involves conducting forensic examinations in a hospital setting, then the suspect, victim, witness may be placed in a medical organization on the basis of a resolution on the appointment of an examination.
The placement of a victim or witness in a medical organization is allowed only with his written consent, with the exception of the cases provided for in Article 271 of this Code.
If the said person has not reached the age of majority or has been declared legally incompetent by a court, written consent is given by a legal representative. In case of objection or absence of a legal representative, written consent is given by the guardianship and guardianship authority.
2. Referral to a medical organization for a forensic medical or forensic psychiatric examination of a suspect who is not in custody, as well as a victim or witness, shall be carried out in accordance with the procedure provided for in the second part of Article 14 of this Code.
2-1. In the cases provided for in the second part of this article, the body (person) that appointed the forensic examination is obliged, within twenty-four hours, to notify one of the adult members of his family, other relatives or close persons about the location of the person forcibly placed in a medical organization for conducting a forensic examination, and in the absence of such – the body of internal affairs at the place of residence of the specified person.
3. The rules for the detention of persons in respect of whom an examination is being conducted in a medical organization are determined by the legislation of the Republic of Kazakhstan on healthcare.
4. When a suspect is placed in a medical organization for inpatient forensic medical or forensic psychiatric examination, the period during which the decision on the qualification of the suspect's act must be announced to him is interrupted from the date of receipt of the sanction until the conclusion of the expert commission on the mental state of the suspect is received.
5. The total period of stay of a person in respect of whom a forensic medical or forensic psychiatric examination is being conducted in a medical organization is up to thirty days. If it is impossible to complete the forensic investigations, the specified period may be extended by thirty days at the reasoned request of the expert (commission of experts) in accordance with the requirements of the second part of Article 14 of this Code.
The extension of the specified period for a person undergoing a judicial examination on a voluntary basis is carried out with his consent by the body (person) who appointed the judicial examination, at the reasoned request of the head of the judicial examination body or a judicial expert (judicial experts) who is not an employee of the judicial examination body.
The extension of the period of stay in a medical organization for persons forcibly placed in it for conducting a forensic examination is carried out in accordance with the procedure established by law.
The application must be submitted to the court no later than three days before the expiration of the examination period and resolved within three days from the date of receipt. If the court refuses to extend the term, the person must be discharged from the medical organization. The head of the medical organization shall notify the person in respect of whom the examination is being conducted, his lawyer, legal representative, representative, as well as the body conducting the criminal proceedings, of the filed petition and the results of its consideration by the court.
6. A person in respect of whom a judicial examination is being conducted in a medical organization, his defender, legal representative, representative has the right to appeal against the decision to extend the period of its production in accordance with the procedure provided for by this Code.
The footnote. Article 279 as amended by the Law of the Republic of Kazakhstan dated 10.02.2017 No. 45-VI (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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