Article 79. Expert of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. A person with special scientific knowledge who is not interested in the case may be called in as an expert. Other requirements imposed on the person who may be entrusted with the examination are established by the first part of Article 273 of this Code.
2. The summoning of an expert, the appointment and the conduct of an expert examination shall be carried out in accordance with the procedure provided for in Chapter 35, as well as Article 373 of this Code.
3. The expert has the right:
1) to get acquainted with the materials (case materials) related to the subject of the examination;
2) submit petitions for the provision of additional materials necessary for giving an opinion, as well as taking security measures.;
3) to participate in the proceedings and court session with the permission of the body conducting the criminal proceedings, and to ask the persons involved in them questions related to the subject of the examination.;
4) to get acquainted with the protocol of the procedural action in which he participated, as well as, in the relevant part, with the protocol of the court session, and to make observations to be entered into the protocols regarding the completeness and correctness of recording his actions and testimony.;
5) in agreement with the body that appointed the expert examination, to give, within its competence, an opinion on the circumstances identified during the forensic expert examination that are relevant to the case, going beyond the issues contained in the resolution on the appointment of a forensic examination.;
6) submit an opinion and give evidence in his native language or a language he knows; use the free help of an interpreter; challenge the interpreter;
7) appeal against the decisions and actions of the body conducting the criminal proceedings and other persons participating in the proceedings that infringe on its rights during the examination;
8) receive reimbursement of expenses incurred during the examination and remuneration for the work performed, if the conduct of a forensic examination is not included in the scope of his official duties.
4. An expert may not:
1) to negotiate with the participants in the process on issues related to the examination, without the knowledge of the body conducting the criminal process;
2) independently collect materials for research;
3) to carry out studies that may entail the complete or partial destruction of objects or a change in their appearance or basic properties, unless there was a special permission from the body that appointed the examination.
5. The expert is obliged to:
1) appear at the summons of the body conducting the criminal process;
2) to conduct a comprehensive, complete and objective study of the objects presented to him, to give a reasoned and objective written opinion on the issues raised;
3) refuse to give an opinion and draw up a reasoned written notice of the inability to give an opinion and send it to the body conducting the criminal proceedings in the cases provided for in Article 284 of this Code.;
4) to give evidence on issues related to the conducted research and the given conclusion;
5) ensure the safety of the objects submitted for research;
6) not to disclose information about the circumstances of the case and other information that became known to him in connection with the examination;
7) submit to the body that appointed the examination an estimate of expenses and a report on expenses incurred in connection with the examination.
6. An expert is criminally liable in accordance with the law for giving a knowingly false conclusion.
7. An expert who is an employee of the judicial examination bodies is considered to be familiar with his rights and duties by the nature of his activity and warned about criminal liability for knowingly giving a false conclusion.
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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