Commentary on Article 175. Remuneration of an Interpreter, Specialist, and Expert for the Work Performed by Them of the Criminal Procedure Code of the Republic of Kazakhstan
1. An interpreter, specialist, or expert performing the relevant work in criminal proceedings shall receive:
1) wages at their place of employment if they performed the work as part of an official assignment;
2) remuneration from budgetary funds within the rates established by the Government of the Republic of Kazakhstan if the work performed does not fall within the scope of their official duties and was performed outside working hours;
3) remuneration in the amount determined by an agreement with the party if they performed the work pursuant to an agreement with that party.
2. In the case provided for in subparagraph 2) of part one of this Article, remuneration shall be paid on the basis of a resolution issued by the body conducting the criminal proceedings after the interpreter, specialist, or expert has submitted an invoice.
The list of persons who may be paid remuneration in connection with their participation in criminal proceedings, as set out in Part 1 of Article 175 of the CPC, is exhaustive.
Within the meaning of the provisions of Part 1 of this same Article, remuneration for an interpreter, specialist, or expert shall be reimbursed:
from the financial resources of the body conducting the criminal proceedings, in whose staff they may be employed, and, in the case of an expert, also from the funds of the Centre for Forensic Examinations of the Ministry of Justice of the Republic of Kazakhstan (subparagraph 1) of Part 1 of Article 175 of the CPC);
from the funds of the republican budget on the basis of a resolution of the body conducting the criminal proceedings, against invoices submitted by the above-mentioned persons (subparagraph 2) of Part 1 and Part 2 of Article 175 of the CPC);
from the funds of the party that engaged them to participate in the proceedings on a contractual basis (subparagraph 3) of Part 1 of Article 175, subparagraph 5) of Part 3 of Article 70, subparagraphs 2)–4) of Part 3 of Article 122 of the CPC, and paragraph 3 of Article 152 of the Civil Code);
in certain cases, even by the organisation or employer.
The procedure for payment of remuneration from the funds of the republican budget (subparagraph 2) of Part 1 of Article 175 of the CPC) is regulated by Resolution No. 1070 of the Government of the Republic of Kazakhstan dated October 9, 2014, “On Certain Issues of Reimbursement of Expenses Incurred by Persons in the Course of Criminal Proceedings”. The full text of the Rules for Payment of Expenses Incurred by Persons in the Course of Criminal Proceedings, as well as the rates of remuneration for interpreters, specialists, and experts performing the relevant work in criminal proceedings, approved by the above-mentioned Resolution, is provided in the commentary to the provisions of Article 71 of the CPC.
Commentary of 2020 to the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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