Article 773. Conclusion and testimony of an expert and specialist of the Code of the Republic of Kazakhstan on Administrative Offenses
1. An expert's opinion is a written conclusion on the issues raised by the judge, the body (official) in charge of the administrative offense case, based on the results of a study of the case materials, including physical evidence and samples, conducted using special scientific knowledge. The conclusion also indicates the methods used by the expert in the study, the rationale for the answers to the questions raised and the circumstances relevant to the case, established on the initiative of the expert himself.
2. The conclusion is drawn up by the expert(s) after conducting the research, taking into account his results on his own behalf, certified by his (their) signature and personal seal. In the case of an expert examination by an expert body, the signature of the expert(s) is certified with the seal of the specified body. The expert's (experts') opinion, submitted in electronic form, is certified by his (their) electronic digital signature, as well as by the examination body during the examination by the specified body.
3. The expert's conclusion should specify: the date of its execution, the time and place of the examination; the grounds for the forensic examination; information about the judge, the body (official) in charge of the administrative offense case; information about the body of the forensic examination and (or) the expert (experts) entrusted with the examination (last name, first name, patronymic (if any), education, specialty, work experience in the specialty, academic degree and academic title, position held); a note certified by the expert's signature stating that he has been warned of criminal liability for knowingly giving a false conclusion in court; questions posed to the expert(s); information about the participants in the process who were present during the examination and their explanations; objects; content and results of research indicating the methods used; evaluation of the results of the conducted research, justification and formulation of conclusions on the issues raised by the expert(s).
4. The conclusion must contain a justification for the impossibility of answering all or some of the questions raised, if the circumstances specified in part thirteen of Article 772 of this Code are revealed during the study.
5. Expert testimony is information provided by him during the consideration of an administrative offense case in order to clarify or clarify the conclusion submitted by him in accordance with the requirements of Article 757 of this Code.
6. A specialist's opinion is a written opinion on the issues put to a specialist by an authorized official conducting proceedings on an administrative offense case, or by the parties, the answers to which do not require conducting an appropriate study.
7. The expert's conclusion consists of introductory, descriptive parts and conclusions. The introductory part should indicate: date, place, time of giving the conclusion; the official who commissioned the special study; information about the specialist (surname, first name, patronymic (if any), education, specialty, work experience in the specialty, academic degree, academic title, position). The descriptive part contains questions posed to the specialist, objects, materials, documents submitted to the specialist for giving an opinion, and persons present during the study. The conclusions reflect the specialist's answers to the questions posed and their scientific justification.
8. Testimony of a specialist is information provided by him during the consideration of a case of an administrative offense, about circumstances requiring special knowledge, as well as an explanation of his opinion in accordance with the requirements of Article 756 of this Code.
9. Materials illustrating the expert's or specialist's opinion (photo tables, diagrams, graphs, tables and other materials), certified in accordance with the procedure provided for in part two of this Article, are attached to the opinion and are an integral part of it. The remaining objects, including samples, should also be attached to the conclusion.
10. The opinion of an expert or specialist is not mandatory for the court, body (official) who are investigating the case of an administrative offense, however, their disagreement with the conclusion must be motivated.
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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