The document outlines the rights and obligations of experts in criminal proceedings according to the Criminal Procedure Code of Kazakhstan. It discusses that experts must have special scientific knowledge and not be interested in the case. They have the right to review case materials, submit petitions, participate in proceedings, and challenge translations. Experts are obligated to conduct objective studies, give reasoned opinions, and ensure safety of objects. They are not allowed to negotiate without permission or independently collect materials. Experts who provide deliberately false conclusions can face criminal liability.

1. Forensic medicine
Topic 2
Rights and obligations of experts.
prepared by Kushikov Kairat

2. Criminal Procedure Code
of the Republic of Kazakhstan
Article 79. Expert
1. A person with special scientific
knowledge who is not interested in the
case may be called as an expert.

3. 3. The expert has the right to:
1) get acquainted with the case materials related to the subject of the examination;
2) to submit petitions for providing him with additional materials necessary for giving a conclusion, as well
as taking security measures;
3) participate in the production of procedural actions and a court session with the permission of the body
conducting the criminal process, and ask the persons participating in them questions related to the subject
of the examination;
4) get acquainted with the protocol of the procedural action in which he participated, as well as in the
relevant part with the protocol of the court session and make comments to be entered into the protocols
regarding the completeness and correctness of recording his actions and testimony;
5) in agreement with the body that appointed the examination, to give, within its competence, an opinion
on the circumstances identified during the forensic expert study that are relevant to the case, going beyond
the issues contained in the resolution on the appointment of a forensic examination;
6) submit an opinion and give evidence in his native language or the language he speaks; use the free help
of an interpreter; declare a challenge to the translator;
7) appeal against the decisions and actions of the body conducting the criminal process and other persons
participating in the proceedings that infringe on his rights during the examination;
8) receive reimbursement of expenses incurred during the examination and remuneration for the work
performed, if the forensic examination is not included in the scope of his official duties.

4. 4. The Expert is not entitled to:
1) negotiate with the participants in the process on issues related to the examination,
without the knowledge of the body conducting the criminal process;
2) independently collect materials for research;
3) conduct research that may entail the complete or partial destruction of objects or a
change in their appearance or basic properties, unless there was a special permission
of the body that appointed the examination.

5. 5. The expert is obliged to:
1) appear at the call of the body conducting the criminal process;
2) conduct a comprehensive, complete and objective study of the objects presented to him, give a
reasoned and objective written opinion on the issues raised;
3) refuse to give an opinion and make a reasoned written statement about the inability to give an
opinion and send it to the body conducting the criminal proceedings in the cases provided for in Article
284 of this Code;
4) to give evidence on issues related to the conducted research and this conclusion;
5) to ensure the safety of the objects submitted for research;
6) not to disclose information about the circumstances of the case and other information that became
known to him in connection with the examination;
7) submit to the body that appointed the examination an estimate of expenses and a report on
expenses incurred in connection with the examination.

6. 6. For giving a deliberately false conclusion, the expert bears
criminal responsibility established by law.
7. An expert who is an employee of the forensic examination
bodies is considered to be familiar with his rights and obligations by the
nature of his activity and warned about criminal liability for giving a
deliberately false conclusion.

7. Article 80. Specialist
1. A person who is not interested in the case and has the special knowledge
necessary to assist in the collection, research and evaluation of evidence by
explaining to the participants of the criminal process the issues within his
special competence, as well as the use of scientific and technical means, may
be involved as a specialist to participate in the proceedings in a criminal case.
Specialists are also a teacher, a psychologist involved in investigative and
other procedural actions with the participation of a minor, as well as a doctor
involved in investigative and other procedural actions, except in cases of
appointment as an expert.
2. An employee of an authorized subdivision of a law enforcement or special
state body of the Republic of Kazakhstan may be involved as a specialist for
conducting research and giving an opinion.

8. Article 93. Withdrawal of the expert
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 investigator, 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 of participation of a specialist doctor
in the field of forensic medicine 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 in the examination of a living person, as well as a corpse, as an
expert.
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 re-appointed after
the examination conducted with his participation.
4. The issue of recusal of an expert is resolved by the body conducting the criminal process.

9. Article 116. Expert opinion and testimony
1. Expert opinion – a document drawn up in accordance with
the requirements of this Code, reflecting the progress and
results of a forensic expert study.
2. Oral explanations of the expert are evidence only in part of
the explanation of the conclusion given by him earlier.
3. The expert's opinion is not mandatory for the body
conducting the criminal process, but its disagreement with the
conclusion must be motivated.
4. Expert testimony – information provided by him during the
interrogation conducted after receiving the conclusion, in order
to clarify or clarify the conclusion given by him.

10. Article 222. Examination of a human corpse

11. 1. An external examination of a human corpse at the place of its discovery is carried out
in compliance with the general rules of examination and the mandatory participation of a
specialist doctor in the field of forensic medicine, and if it is impossible for him to
participate, another doctor. Other specialists may also be involved in the examination of a
human corpse.
2. In the case of an additional or repeated examination of a human corpse, the
participation of a specialist doctor in the field of forensic medicine is mandatory.
3. Photographing, fingerprinting of an unidentified human corpse, as well as obtaining
samples for expert examination are mandatory.
4. An external examination of a human corpse does not replace or exclude the
subsequent conduct of a forensic medical examination.
5. Statements of citizens about the identification of the deceased, made during the
examination of the corpse, are recorded in the protocol of this investigative action,
followed by the interrogation of the applicant as a witness, which does not exclude the
further presentation of the human corpse for identification to other persons.

12. Article 223. Examination
1. In order to detect special signs on a person's body,
traces of a criminal offense, signs of harm to health,
identification of intoxication or other properties and
signs relevant to the case, if this does not require an
examination, an examination of the suspect, victim,
witness, applicant and the person to whom the
applicant directly indicates may be carried out. as a
person who has committed a criminal offense.
2. The person conducting the pre-trial investigation
makes a decision on the examination, which is
mandatory for the suspect, the accused, as well as the
person to whom the applicant directly refers as the
person who committed a criminal offense.

13. Chapter 28. Exhumation

14. Chapter 28. Exhumation
Article 225. Grounds for exhumation
1. The removal of a human corpse from a burial place (exhumation) is carried out if it is required:
1) to inspect the human corpse, including additional or repeated;
2) present for identification;
3) get samples for examination and conduct an examination;
4) establish other circumstances that are essential to the case.
2. Exhumation is carried out on the basis of a reasoned decision of the person conducting the pre-
trial investigation, authorized by the court. One of the relatives of the deceased is notified about
the exhumation.
The exhumation decree is mandatory for the administration of the burial place.
Buried
exhumed

15. Chapter 29. Identification
Article 229. Presentation for identification
1. In order to establish identity or difference with a previously observed
person or object, a person conducting a pre-trial investigation may present
a person or object to a witness, victim, suspect for identification. A corpse
may also be presented for identification.
2. The identifying persons are interrogated beforehand about the
circumstances under which they observed the relevant person or object, signs
and features by which they can make identification.

16. Chapter 35. Forensic examination
Article 270. Appointment of expertise
An expert examination is appointed in cases where the circumstances relevant to the
case can be obtained as a result of a study of materials conducted by an expert on the basis of
special scientific knowledge. The presence of such knowledge in other persons participating in
criminal proceedings does not exempt the person conducting the criminal process from the need
to appoint an expert examination in appropriate cases.

17. Article 271. Mandatory appointment of expertise
1. Appointment and examination are mandatory if it is necessary to establish in the case:
1) causes of death;
2) the nature and severity of the harm caused to health;
3) the age of the suspect, the witness entitled to defense, the accused, the victim, when it matters to the
case, and there are no age documents or cause doubt;
4) the mental or physical condition of the suspect, the witness entitled to defense, the accused, when
doubts arise about their sanity or ability to independently defend their rights and legitimate interests in
criminal proceedings;
5) the mental or physical condition of the victim, witness in cases where there are doubts about their ability
to correctly perceive the circumstances relevant to the case and give evidence about them;
6) other circumstances of the case that cannot be reliably established by other evidence.
1 2
3 4,5

18. Article 272. Procedure for appointment of expertise
1. Having recognized the appointment of a forensic examination as necessary, the
body conducting the criminal process, the investigating judge issues a resolution on
this, which specifies: the name of the body that appointed the examination, the time,
the place of appointment of the examination; the type of examination; the grounds for
the appointment of the examination; objects sent for examination, and information
about their origin, as well as permission the possible complete or partial destruction of
these objects, changes in their appearance or basic properties during the study; the
name of the forensic examination body and (or) the surname, first name, patronymic
(if any) of the person entrusted with the forensic examination.
2. The decision of the body conducting the criminal process, the investigating judge on
the appointment of an expert examination is mandatory for execution by the bodies or
persons to whom it is addressed and falls within their competence.
3. Judicial examination in respect of the victim, witness, with the exception of the
cases provided for in paragraphs 2), 3) and 5) of part one of Article 271 of this Code, is
carried out with their consent or the consent of their legal representatives, which are
given by these persons in writing.

19. 4. The person who appointed the examination shall acquaint the suspect, the accused,
his defender, the victim, his representative, as well as the witness undergoing the
examination, including those entitled to protection, his legal representative with the
decision on the appointment of a forensic examination and explain to them the rights
provided for in Article 274 of this Code.
5. An expert examination may be appointed at the initiative of the participants in the
process defending their or represented rights and interests. The participants in the
process, defending their or represented rights and interests, in writing, submit to the
body conducting the criminal process the issues on which, in their opinion, an expert
opinion should be given, indicate the objects of the study, and also name the person who
can be invited as an expert. The body conducting criminal proceedings has no right to
refuse to appoint an expert examination, except in cases when the issues submitted for
its resolution do not relate to the criminal case or the subject of forensic examination.
The person conducting the pre-trial investigation shall issue a reasoned decision on the
refusal to satisfy the petition within three days from the date of receipt of the petition.

20. 6. When deciding on the appointment of an expert examination in accordance
with the procedure provided for in paragraph 7) of Part two of Article 55 of this
Code, the investigating judge invites the defense party to submit in writing the
questions that need to be put before the expert, and listens to the opinion of the
participants in the process on them.
The parties have the right to specify which objects are subject to expert
examination, as well as to whom the examination may be entrusted and to
challenge the expert.
When appointing an examination by an investigating judge, the person
conducting the pre-trial investigation provides the necessary items, materials in
its production, at the disposal of the expert.

21. 9. The participant in the process, on whose initiative the examination is appointed, may submit objects and
documents as objects of expert research. The body conducting the criminal process has the right to exclude
them from the list of such by a reasoned decision.
10. Having considered the submitted issues, the body conducting the criminal process rejects those of them
that do not relate to the criminal case or the subject of the forensic examination, finds out whether there are
grounds for the expert's recusal, after which it makes a decision on the appointment of an expert examination
in compliance with the requirements specified in part one of this article.
11. Reimbursement of expenses related to the examination, as well as payment for the expert's work, shall be
made according to the rules of Chapter 21 of this Code. In cases of expert examination at the request of the
defender and the victim's representative, reimbursement of expenses is assigned to the person in whose
interests it was carried out.
12. The body conducting criminal proceedings shall ensure the delivery to the expert of a suspect, a witness
entitled to protection, subject to examination, a victim, an accused, a witness, if their presence is deemed
necessary during the examination, except for the cases provided for in part one of Article 272-1 of this Code.

22. Article 273. Persons who may be entrusted with the conduct of a forensic examination
1. The production of a forensic examination may be entrusted:
1) employees of the judicial examination bodies;
2) persons engaged in forensic expert activity on the basis of a license;
3) on a one-time basis to other persons in the manner and on the conditions provided for by law.
2. The examination may be entrusted to a person from among the proposed participants in the
process.
3. The requirement of the body conducting the criminal process, the investigating judge to summon
the person entrusted with the examination, is mandatory for the head of the organization where the
specified person works.

23. Article 274. The rights of the suspect, the accused, the victim, the witness, the defender and the victim's
representative in the appointment and conduct of the examination
1. When appointing an expert examination and its production, the victim, the suspect, the accused, the
defender and the representative of the victim have the right:
1) before the examination, get acquainted with the resolution on its appointment and receive an
explanation of their rights, about which a protocol is drawn up;
2) to declare a challenge to the expert or a petition for removal from the examination of the forensic
examination body;
3) apply for the appointment as experts of the persons indicated by them or employees of specific forensic
examination bodies, as well as the examination by a commission of experts;
4) apply for additional questions to be posed to the expert or clarification of the questions posed;
5) be present at the examination in accordance with the procedure provided for in Article 278 of this Code,
with the permission of the body conducting the criminal process;
6) to get acquainted with the expert's opinion or a message about the inability to give an opinion in
accordance with the procedure provided for in Article 284 of this Code.

24. 2. The listed rights are also possessed by a witness, including one who has the right to defense, who has
been subjected to an expert examination, and a person against whom proceedings are being conducted on
the application of compulsory medical measures, if his mental state allows it.
3. If the examination was carried out before the recognition of a person as a suspect or the issuance of a
decision on the qualification of the suspect's act, the criminal prosecution body is obliged to acquaint him
with the decision on the appointment of the examination, the expert's opinion and explain to him his rights
provided for in Article 286 of this Code.
4. The examination of victims and witnesses, as well as the person who suffered from the commission of a
criminal offense, and the person in respect of whom the issue of recognition as a suspect is being decided, is
carried out only with their written consent. If these persons have not reached the age of majority or are
recognized by the court as incapacitated, written consent to the examination is given by their legal
representatives. This rule does not apply to the examination in cases provided for in Article 271 of this Code.

25. Article 280. Objects of expertise
1. The objects of examination may be material evidence, documents, the body and state of
the human psyche, corpses, animals, samples, as well as information related to the subject of
examination contained in the materials of the criminal case.
2. The reliability and admissibility of the objects of expert research are guaranteed by the
person, the body that appointed the examination.
3. Objects of expert research, if their dimensions and properties allow it, are transferred to
the expert in a packed and sealed form. In other cases, the person who appointed the
examination must ensure that the expert is delivered to the location of the research objects,
unhindered access to them and the conditions necessary for conducting the study.
4. The procedure for handling objects of forensic examination is established by the legislation
of the Republic of Kazakhstan.
5. During the examination, its objects, with the permission of the body that appointed the
examination, may be damaged or used only to the extent necessary for conducting research
and giving a conclusion.
The said permission must be contained in a resolution on the appointment of a forensic
examination or a reasoned resolution on the satisfaction of the petition of a forensic expert
or a partial refusal to satisfy it.

26. Article 281. Sole and commission examination
1. The examination is carried out by an expert alone or by a commission of experts.
2. A commission examination is appointed in cases where it is necessary to produce complex expert studies
and is carried out by at least two experts of the same specialty.
3. At least three experts shall be appointed to conduct a forensic psychiatric examination on the issue of
sanity.
4. When conducting a commission forensic examination, each of the forensic experts independently and
independently conducts a forensic expert study in full. The members of the expert commission jointly
analyze the results obtained and, having come to a common opinion, sign a conclusion or a message stating
that it is impossible to give a conclusion. In case of disagreement between the experts, each of them or part
of the experts gives a separate opinion, or an expert whose opinion differs from the conclusions of the
other members of the commission formulates it separately in the conclusion.
sole commission

27. Article 282. Comprehensive examination
1. A comprehensive examination is appointed when, in order to establish a circumstance relevant to the case,
research is needed on the basis of different branches of knowledge, and is carried out by experts of various
specialties within their competence.
A comprehensive examination can be carried out by one expert if he has the right to conduct research on
various expert specialties.
2. The conclusion of the comprehensive examination should indicate which studies, to what extent each
expert conducted and what conclusions he came to. Each expert signs the part of the conclusion that
contains these studies.
3. Based on the results of the studies conducted by each of the experts, they formulate a general conclusion
(conclusions) about the circumstance for which the examination was appointed. The general conclusion
(conclusions) is formulated and signed only by experts competent in evaluating the results obtained. If the
basis for the final conclusion of the commission or part of it is the facts established by one of the experts
(individual experts), then this should be indicated in the conclusion.
4. In case of disagreement between
experts, the results of the research are
drawn up in accordance with part four
of Article 281 of this Code.

28. Article 283. The content of the expert's opinion
1. After the necessary studies have been carried out, taking into account
their results, the expert (experts) draws up an opinion on his own behalf,
certifies it with his signature and personal seal, and sends it to the person
who appointed the examination. In the case of an expert examination by
a forensic examination body, the signature of the expert (experts) is
certified by the seal of the specified body. The expert's (experts') opinion
may be issued in the form of an electronic document.

29. Article 284. Notification of the inability to give a conclusion
If an expert before conducting a study is convinced that the
questions put to him go beyond his special scientific knowledge or
the objects of research presented to him or the materials are
unsuitable or insufficient for giving a conclusion and cannot be filled
in, or the state of science and forensic practice does not allow
answering the questions posed, he makes a message about the
inability to give a conclusion and sends it to the person who
appointed the examination.

30. Article 287. Additional and repeated examinations
1. An additional examination is appointed if there is insufficient clarity or completeness of
the conclusion, as well as if there is a need to resolve additional issues related to the
previous study.
2. The production of an additional examination may be entrusted to the same or another
expert.
3. Re-examination is appointed for the study of the same objects and the solution of the
same issues in cases where the previous expert's conclusion is insufficiently substantiated,
or its conclusions are questionable, or the procedural rules on the appointment and
conduct of the examination have been significantly violated.
4. In the resolution on the appointment of a second examination, the reasons for
disagreement with the results of the previous examination should be given.
5. The re-examination is entrusted to the commission of experts. The experts who
conducted the previous examination may be present during the re-examination and give
explanations to the commission, but they do not participate in the expert study and
drawing up the conclusion.

31. 6. When ordering the production of additional and repeated examinations, the expert
(experts) must be presented with the conclusions of previous examinations.
7. Additional and repeated examinations are appointed and conducted in compliance
with the requirements of Articles 270, 272 – 284 of this Code.
8. If the second or subsequent examination is appointed on several grounds, some of
which relate to additional examination, and others to repeated, such examination is
carried out according to the rules of repeated production.

32. Criminal Code of the Republic of Kazakhstan
Article 420. Knowingly false testimony, expert opinion, expert opinion, or incorrect translation
1. Knowingly false testimony of a witness, a victim, or the conclusions of an expert, a specialist in
court or during a pre–trial investigation, as well as knowingly incorrect translation made by an interpreter
in the same cases, as well as during the execution of executive documents, shall be
punishable by restriction of liberty for up to six years or imprisonment for the same period.
2. The same acts committed in a criminal case of a corruption, grave or especially grave crime or
out of selfish motives – shall be punishable by imprisonment for a term of five to ten years.
The investigator's assessment of the expert's conclusion
The "Expert's report" issued in accordance with all requirements is sent from the expert forensic
medical institution to the investigator with an accompanying document indicating all items and documents
returned to the investigator. As a rule, all physical evidence is returned. Sometimes, with the permission of
the investigator, some material evidence or parts thereof may be left in a forensic medical institution for
various purposes (for example, for scientific and methodological purposes). In the accompanying
documents, it is necessarily noted that such and such objects were left in a forensic medical institution. In
the future, if necessary, the investigator may demand their return. Having received the "Conclusion of the
forensic medical examination", the investigator must evaluate it.

33. The evaluation of the expert's opinion should be carried out in the following
three main areas:
1. Compliance with all procedural requirements.
2. Analysis of the information contained in the document itself.
3. Compliance of the examination data with other evidence collected in the case.
In the first direction, attention should be paid to how the requirements of the
procedural legislation were fulfilled. Failure to comply with procedural rules entails the loss
of the conclusion of a forensic medical expert as evidence. The most significant violations
are taken into account.

34. In the second direction, the investigator should consistently consider a
number of issues:
- are all the objects necessary for giving a conclusion presented to the
expert, are the objects that were supposed to be examined by the expert;
- has the expert study been carried out fully enough;
- is the scientific expert opinion justified;
- do the conclusions drawn by the expert follow from the research
conducted by him, whether all the questions of the investigation and
whether the expert fully answered;
- whether the expert is competent in those questions, the answers to which
he gave in the conclusions of his conclusion.

35. In the third direction, the investigator must compare the results of the expert study and
other evidence in the case. At the same time, it must be remembered that the conclusion of a
forensic medical expert is not mandatory for the investigator, but disagreement with it must be
motivated. If, when evaluating the conclusion of a forensic medical expert, the investigator finds it
insufficiently complete and clear, he has the right to appoint an additional examination. But before
appointing her, the investigator has the right to try to find out the provisions of the primary
examination that are not sufficiently clear to him by questioning an expert.
At the same time, the expert can personally state the answers to the investigator's
questions. For example, the mechanism of death or injury was complex and individual elements of
this mechanism can be understood ambiguously. In such cases, the expert, as a rule, does not have
the opportunity to describe in detail all the possible variants of the mechanism of death or injury,
and during the interrogation it is possible to present in more detail his views on individual positions
of interest to the investigation.

36. Thank you for your attention