Commentary to article 379. Presentation for identification, examination, on-site verification and clarification of indications, experimental production, receipt of samples The Criminal Procedure Code of the Republic of Kazakhstan

The presentation for identification, examination, verification and clarification of testimony on the spot, the production of an experiment, and the receipt of samples shall be carried out in court proceedings by court order in compliance with the rules provided for in Articles 223, 229, 257 and 258 and Chapter 34 of this Code, with the participation of the parties.

If, according to the circumstances of the case, it is necessary, presentation for identification, examination, experiment, and sample collection may be carried out in a closed court session.

The examination, accompanied by the exposure of the person being examined, is performed in a separate room by a doctor or other specialist, who draws up and signs an examination report. After that, the indicated persons return to the courtroom, where, in the presence of the parties and the examined person, they inform the court about the traces and marks on the body of the examined person, if they are found, they answer the questions of the parties and the judges. The inspection report is attached to the case.

All the actions specified in the article are carried out at the request of the parties or at the initiative of the court, on which a decision is issued, which contains the justification for the decision.

The grounds for conducting an on-site survey, identification, verification and clarification of indications, experiment, and sample collection are the same as during an inspection of the area and premises. (see the commentary to article 378)

The procedure for carrying out these actions is set out in Articles 223, 229, 257 and 258, as well as in Chapter 34 of this Code (see the commentary to these articles)

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases