Article 80. Specialist of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan
1.to participate as a specialist in the proceedings on a criminal case, a person who is not interested in the case may be involved in the case, having the special knowledge necessary to explain to the participants of the criminal process the issues falling within its special competence, as well as to assist in the collection, research and evaluation of evidence by using scientific and technical means. Specialists are both teachers and psychologists involved in investigative and other procedural actions involving a minor, as well as doctors involved in investigative and other procedural actions, except in cases where he is appointed an expert.
2.an employee of an authorized division of a law enforcement or special state body of the Republic of Kazakhstan who does not have the authority to carry out a pre-trial investigation, High supervision over compliance with the rule of law in the territory of the Republic of Kazakhstan, represent the interests of the state in court and carry out criminal prosecution on behalf of the state may be involved as a specialist in conducting research and issuing an opinion.
By the normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 20.07.2023 No. 24, the second part of Article 80 of this code is recognized as consistent with the Constitution of the Republic of Kazakhstan in the following interpretation: it is allowed to involve an employee of an authorized division of a law enforcement or special state body of the Republic of Kazakhstan as a specialist, if this employee is a person not interested in the case, has the special knowledge and competence necessary to assist in collecting, researching and evaluating evidence. The functional purpose of such a division should be to conduct research on the basis of special knowledge and competence of its employees, without carrying out higher supervision over compliance with the rule of law in the territory of the Republic of Kazakhstan, pre-trial investigation and support for Public Prosecution in court.
3. specialist:
1) get acquainted with the materials related to the subject of the study;
2) Apply for the provision of additional materials necessary for issuing an opinion;
3) know the purpose of their invitation;
4) refuse to participate in the proceedings in the case, if they do not have the appropriate special knowledge and skills;
5) ask questions to participants in an investigative or judicial action with the permission of the body conducting criminal proceedings; draw their attention to the circumstances related to their actions when assisting in the collection, research and evaluation of evidence and the use of scientific and technical means, studying the materials of the case, preparing materials for the appointment of an expert examination;
6) the body conducting the criminal process, at the appointment of the court, has the right to conduct research on the materials of the case, with the exception of comparative studies, indicating its course and results in the protocol or official document attached to the criminal case in accordance with the procedure provided for in part nine of Article 199 of this code, which does not lead to A specialist of an authorized division of a law enforcement or special state body of the Republic of Kazakhstan, with the permission of the body conducting criminal proceedings, shall conduct comparative studies leading to partial destruction of these objects to the extent that does not exclude its conduct on these objects, indicating the course and results of Forensic Research in the conclusion of a specialist, drawn up in accordance with the requirements of Article 117 of this code;
7) get acquainted with the minutes of the investigative action in which he participated, as well as the minutes of the court session in the relevant part, and make statements and comments to be included in the minutes regarding the completeness and correctness of recording the course and results of actions carried out with his participation;
8) appeal against the actions of the body conducting criminal proceedings;
9) use the free help of a translator;
10) to declare an objection to the translator;
11) apply for security measures;
12) compensation for expenses incurred in connection with his participation in investigative or judicial actions and remuneration for the work performed, if his participation in the proceedings on the case is not included in the scope of his official duties.
4. Specialist:
1) to negotiate with the participants in the process on issues related to the research, without notifying the body conducting the criminal process;
2) independently collect research materials.
These restrictions do not apply to persons specified in part two of this article.
5. specialist:
1) Visit at the invitation of the body conducting criminal proceedings;
2) participate in investigative actions and judicial proceedings using special knowledge, skills and scientific and technical means to assist in the collection, research and evaluation of evidence;
3) give an explanation of the actions performed by him, and in the case provided for in part two of this article, conduct a study and give an opinion;
4) do not disclose information about the circumstances of the case and other information that has become known to him in connection with his participation in the case;
5) maintain order in the event of investigative actions and during the court session;
6) ensure the safety of objects submitted for research.
6.for refusal or evasion from the performance of his duties without good reason, a specialist may be subject to monetary recovery in accordance with the procedure established by Article 160 of this code.
In case of giving a knowingly false conclusion, the specialist bears criminal liability established by law.
Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V kr.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
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