Commentary on Article 92. Recusal of an Interpreter and a Specialist of the Criminal Procedure Code of the Republic of Kazakhstan
1. An interpreter and a specialist may not participate in criminal proceedings:
1) if any of the circumstances provided for in Article 87 of this Code exist;
2) if their lack of competence has been established.
2. The previous participation of a person as an interpreter or specialist shall not constitute a circumstance precluding their further participation in the relevant capacity in the proceedings in the same criminal case.
3. The issue of recusal of an interpreter or specialist shall be resolved by the body conducting the criminal proceedings.
The presence of a qualified specialist and interpreter is an essential condition for the legality, validity and quality of proceedings in a case (see also the commentary on Articles 80–81 of the CPC). This is the basis for the legislator's heightened requirements for the above-mentioned participants in criminal proceedings, including by establishing a range of circumstances that preclude their participation in a case and assigning this duty to the body conducting the criminal proceedings (Part 1 of Article 87, Part 3 of Article 92 of the CPC).
The possession of professional knowledge and experience in the profession of an interpreter or specialist is always necessary for effective performance in criminal proceedings in that capacity. The fate of a person and citizen is decided here; therefore, establishing the lack of professional competence of these persons in a case constitutes an important ground for their recusal from the proceedings at any stage of the criminal process (subparagraph 2 of Part 2 of Article 92 of the CPC).
In the absence of grounds for recusal, an interpreter and a specialist may participate in the proceedings even when, after the termination of the case, the investigation into it has been resumed, as well as when the case is returned for further investigation by the prosecutor or to the prosecutor from the judicial stages (subparagraph 3 of Part 1 of Article 302, Article 323 of the CPC). Moreover, the above-mentioned persons may perform their functions in the courts of appeal and cassation in the same case.
Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishеvich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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