Comment to article 375. Inspection of physical evidence The Criminal Procedure Code of the Republic of Kazakhstan
The material evidence attached to the case during the investigation and newly presented must be examined by the court during the judicial investigation and presented to the parties. Physical evidence is examined at any time during the judicial investigation, both at the request of the parties and at the initiative of the court. Physical evidence may be presented for examination to witnesses, an expert, or a specialist. The persons to whom the material evidence has been presented have the right to draw the court's attention to the circumstances relevant to the case that were revealed during the examination of the material evidence.
Physical evidence may be examined by a court at its location in compliance with the rules established by part one of this article.
Physical evidence is examined directly in court or at its location, if delivery to court is impossible due to their bulkiness. At the same time, the parties and the entire court staff, as well as the persons from whom it is necessary to receive explanations, go to the place to inspect such material evidence.
If physical evidence could not be preserved before the trial, as well as physical evidence, the inspection of which is associated with a certain risk (contain toxic substances, fragments of human remains, etc.), they can be studied according to photographs, videos, drawings, diagrams, etc. available in the conclusions of forensic examinations.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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