Commentary to article 93. Withdrawal of the expert The Criminal Procedure Code of the Republic of Kazakhstan

1 An expert may not participate in criminal proceedings:

1) in the presence of any of the circumstances provided for in Article 87 of this Code;

2) if he was or is in official or other dependence on the inquirer, investigator, prosecutor, judge, suspect, accused, their defenders, legal representatives, victim, civil plaintiff, civil defendant or representatives;

3) if he conducted an audit or other verification actions, the results of which served as grounds for initiating criminal prosecution.;

4) if his incompetence is revealed;

5) if he participated in the case as a specialist, except in cases where a specialist in the field of forensic medicine participates in the examination of a human corpse in accordance with Article 222 of this Code.

2 A doctor who provided medical assistance to the relevant person prior to the appointment of the examination may not participate as an expert in the examination of a living person, as well as a corpse.

3 The previous participation of a person in this case as an expert is not a circumstance precluding the assignment of an expert examination in the case, except in cases when it is reappointed after an expert examination conducted with his participation.

4 The issue of the expert's recusal is resolved by the body conducting the criminal proceedings.

1. In accordance with part 1 of Article 79 of the CPC, a person with special scientific knowledge who is not interested in the case may be called as an expert. Other requirements for a person who may be entrusted with the conduct of an expert examination are established by Article 273 of the CPC, according to which the conduct of a forensic examination may be entrusted:

1) employees of the judicial examination bodies;

2) persons who carry out forensic expertise on the basis of a license;

3) on a one-time basis to other persons in the manner and on the terms stipulated by law.

4) a person from among those proposed by the participants in the process.

2. The commented article lists the circumstances that make it impossible for a person to participate in this case as an expert.

3. If, prior to the appointment of the examination, the doctor provided medical assistance, he may not participate in the examination of the same living person, and in the event of death, in the examination of his corpse.

The law stipulates that a person's previous participation in this case as an expert is not a circumstance precluding the assignment of an expert examination in the case, except in cases when it is reappointed after an expert examination conducted with his participation.

Petitions for the expert's recusal are filed in the same manner as the recusals of other persons. The decision to dismiss an expert is resolved by the body conducting the criminal proceedings.

The rules of this article are applicable to the recusal of one or all experts involved in conducting commission and complex 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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