Article 93. Withdrawal of the expert of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. An expert may not participate in criminal proceedings.:

     1) in the presence of any of the circumstances provided for in Article 87 of this Code;

     2) if he was or is in official or other dependence on the inquirer, investigator, prosecutor, judge, suspect, accused, their defenders, legal representatives, victim, civil plaintiff, civil defendant or representatives;

     3) if he conducted an audit or other verification actions, the results of which served as grounds for initiating criminal prosecution.;

     4) if his incompetence is revealed;

     5) if he participated in the case as a specialist, except in cases where a specialist in the field of forensic medicine participates in the examination of a human corpse in accordance with Article 222 of this Code.

     2. A doctor who provided medical assistance to the relevant person prior to the appointment of the examination may not participate as an expert in the examination of a living person, as well as a corpse.

     3. The previous participation of a person in this case as an expert is not a circumstance precluding the assignment of an expert examination in the case, except in cases when it is reappointed after an expert examination conducted with his participation.

     4. The issue of the expert's recusal is resolved by the body conducting the criminal proceedings.

President    

Republic of Kazakhstan     

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