Article 34. Time limits, extension and suspension of judicial examination proceedings The Law on Forensic Expertise
1. The term for conducting a forensic examination shall be calculated from the date of the adoption of a resolution or ruling on the appointment of a forensic examination and its objects by a forensic examination body or a person engaged in forensic expertise in accordance with subitems 2) and 3) of paragraph 1 of Article 19 of this Law.
2. The time limit for conducting a forensic examination should not exceed thirty days, except in exceptional cases provided for by the legislation of the Republic of Kazakhstan.
3. The extension of the period for conducting a forensic examination is carried out by the body (person) who appointed the forensic examination, at the reasoned request of the head of the forensic examination body or a judicial expert (judicial experts) carrying out forensic expert activities in accordance with subitems 2) and 3) of paragraph 1 of Article 19 of this Law.
The procedure for extending the period of stay of persons undergoing judicial examination on a voluntary basis or forcibly placed in a medical organization for conducting a forensic examination is carried out in accordance with paragraphs 2 and 3 of Article 47 of this Law.
4. If necessary, in order to provide an opinion on additional materials, the head of the judicial examination body or a judicial expert (judicial experts) carrying out forensic expert activities in accordance with subparagraphs 2) and 3) of paragraph 1 of Article 19 of this Law, a reasoned petition is sent to the body (person) who appointed the forensic examination. In this case, the forensic examination is suspended, but not for more than ten working days.
If the circumstances that were the basis for the suspension of the judicial examination are not eliminated, the judicial examination is carried out to the extent of the submitted materials or, if such is not possible, the materials submitted for the examination are returned to the body (person) who appointed it, without execution.
5. After conducting the research and drawing up an expert opinion or notification of the inability to give an opinion, within three days the end of the forensic examination or the expert's conclusion (notification of the inability to give an opinion) is reported, the objects of research and other materials are issued (sent) to the body (person) who appointed the forensic examination.
This Law regulates public relations in the implementation of forensic expertise in the Republic of Kazakhstan.
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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