Comment on article 360. Explanation of the expert's rights and obligations The Criminal Procedure Code of the Republic of Kazakhstan

The presiding judge explains to the expert his rights and duties provided for in Article 79 of this Code and warns him of criminal liability for giving a knowingly false conclusion, about which a subscription is withdrawn from the expert, which is attached to the minutes of the main trial.

1. Experts are involved in the criminal process to carry out the tasks of criminal proceedings. A person with special scientific knowledge who is not interested in the case may be called in as an expert. An expert is summoned to court in connection with the need to question him in connection with his conclusion. The examination of the expert is necessarily preceded by the announcement of the conclusion. During the interrogation of an expert, the participants in the process have the right to ask questions regarding the expert opinion. In order for the court to take a procedural action to question an expert, the law imposes on the presiding judge his duty to explain to the expert the rights and obligations provided for in Article 79 of the CPC.

2. The expert is warned about criminal liability for giving a knowingly false conclusion, which he subscribes to the court.

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 giving a false conclusion.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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