Article 757. Expert of the Code of the Republic of Kazakhstan On Administrative Offences
1. A person with special scientific knowledge who is not interested in the case may be called in as an expert. The production of a forensic examination may be entrusted:
1) employees of the judicial examination bodies;
2) individuals engaged in forensic expertise on the basis of a license;
3) on a one-time basis to other persons in accordance with the requirements of the law.
2. The expert has the right: to get acquainted with the case materials related to the subject of the examination; to file petitions for the provision of additional materials necessary for giving an opinion, to participate in the procedural actions with the permission of the body (official) in charge of the administrative offense case, and to ask the persons participating in them questions related to the subject of the examination.; to get acquainted with the protocol of the procedural action in which he participated, and to make comments to be entered into the protocols regarding the completeness and correctness of recording his actions and testimony; in agreement with the judge, the body (official) who appointed the forensic examination, to give, within his competence, an opinion on the circumstances identified during the forensic examination, having significance for the case that goes beyond the issues contained in the ruling on the appointment of a forensic examination; submit an opinion and give evidence in his native language or a language he knows; use the free help of an interpreter; challenge the translator; appeal against decisions and actions of the court and other persons involved in the proceedings that infringe on his rights during the examination; receive reimbursement of expenses incurred during the examination and remuneration for the work performed, if the production of a forensic examination is not included in the scope of his official duties.
3. An expert may not: negotiate with participants in the proceedings on an administrative offense on issues related to the examination without the knowledge of the body conducting the proceedings; independently collect materials for research; conduct research that may lead to the complete or partial destruction of objects or a change in their appearance or basic properties, if on the basis of This was not a special permission from the body that ordered the examination.
4. The expert is obliged to: appear at the summons of the judge, body (official) in charge of the administrative offense case; conduct a comprehensive, complete and objective study of the objects presented to him, give a reasoned written opinion on the issues raised before him; refuse to give an opinion and make a reasoned written statement about the impossibility of giving an opinion and to send it to the body (official) who appointed the judicial examination in the cases provided for in part thirteen of Article 772 of this Code.; to give evidence on issues related to the conducted research and this conclusion; to ensure the safety of the objects under investigation; not to disclose information about the circumstances of the case and other information that became known to him in connection with the examination.
5. An expert shall be liable for giving a knowingly false conclusion in accordance with this Code.
6. An expert who is an employee of a judicial examination body is considered to be familiar with his rights and duties by the nature of his activity and warned about responsibility for knowingly giving a false conclusion in court, provided for by this Code.
President
Republic of Kazakhstan
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