Comment to article 361. Explanation of the specialist's rights and obligations The Criminal Procedure Code of the Republic of Kazakhstan

The chairman explains to the specialist his rights and duties provided for in Article 80 of this Code and warns him of the responsibility established by this article for refusal or evasion from performing his duties.

1. A person who is not interested in the case may be involved as a specialist, possessing the special knowledge necessary to assist in the collection, research and evaluation of evidence by explaining to the participants in the process issues within his special competence, as well as the use of scientific and technical means.

The presiding judge of the court session explains to the specialist his rights and duties provided for in Article 80 of the CPC. The specialist has the right to refuse to participate in the proceedings if he does not have the appropriate special knowledge and skills. A specialist is warned by the court about the possibility of imposing a monetary penalty on him in accordance with the procedure established by Article 160 of this Code on liability for refusal or evasion from performing his duties without valid reasons.  

In the case of a deliberately false conclusion, a specialist has established criminal liability, which he is warned about in court proceedings.

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