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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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competence <strong>of</strong> <strong>the</strong> expert, and also formulate <strong>the</strong> new questions, after that <strong>the</strong> expert<br />

commences <strong>the</strong> expertise and composes <strong>the</strong> opinion.<br />

(7) The expert shall give his/ her opinion in writing, and announce such opinion in <strong>the</strong> hearing<br />

which <strong>the</strong>n shall be attached to <strong>the</strong> case file. The expert may include in <strong>the</strong> opinion his<br />

conclusions regarding <strong>the</strong> circumstances <strong>of</strong> <strong>the</strong> case, relevant to his/ her competence, which<br />

were not included in <strong>the</strong> questions.<br />

(8) If an expert was summoned to court, who gave <strong>the</strong> opinion in <strong>the</strong> course <strong>of</strong> investigation, <strong>the</strong><br />

court may, upon announcement <strong>of</strong> <strong>the</strong> opinion, if it does not cause any objections <strong>of</strong> <strong>the</strong><br />

parties, refrain from appointment <strong>of</strong> <strong>the</strong> expertise, and confine to <strong>the</strong> interrogation <strong>of</strong> <strong>the</strong><br />

expert.<br />

Article 296. Interrogation <strong>of</strong> Expert<br />

(1) Upon announcement <strong>of</strong> <strong>the</strong> opinion by <strong>the</strong> expert, he may be asked questions for explanation,<br />

or for adding to his/ her opinion.<br />

(2) The questions to <strong>the</strong> expert shall be asked by <strong>the</strong> parties, where <strong>the</strong> first will be <strong>the</strong> party who<br />

filed a motion to appoint <strong>the</strong> expert. The court may ask questions at any moment <strong>of</strong> <strong>the</strong><br />

interrogation.<br />

Article 297. Conduct <strong>of</strong> Additional or Repeated Expertise<br />

(1) In <strong>the</strong> instances provided by Article 212 here<strong>of</strong>, <strong>the</strong> court may appoint an additional or<br />

repeated expertise, on what a decision (resolution) shall be issued.<br />

(2) Additional or repeated expertise shall be conducted in accordance with rules established by<br />

Article 199 here<strong>of</strong>.<br />

Article 298. Examination <strong>of</strong> Exhibits<br />

(1) Exhibits attached to <strong>the</strong> case during <strong>the</strong> investigation, and newly presented exhibits must be<br />

examined by <strong>the</strong> court and presented to <strong>the</strong> parties.<br />

(2) Exhibits may be examined in any moment <strong>of</strong> <strong>the</strong> trial, both by <strong>the</strong> motion <strong>of</strong> parties, and by<br />

<strong>the</strong> initiative <strong>of</strong> <strong>the</strong> court. Exhibits may be presented for examination by witnesses, expert<br />

and specialists. Persons to whom exhibits were presented may attract <strong>the</strong> attention <strong>of</strong> <strong>the</strong><br />

court to investigations related to <strong>the</strong> examination. Results <strong>of</strong> <strong>the</strong> examination shall be<br />

reflected in <strong>the</strong> record <strong>of</strong> <strong>the</strong> court hearing.<br />

(3) The court may examine <strong>the</strong> exhibits at <strong>the</strong> place <strong>of</strong> location <strong>the</strong>re<strong>of</strong>, with compliance with <strong>the</strong><br />

rules established by point (1) <strong>of</strong> this Article.<br />

Article 299. Announcement <strong>of</strong> Records <strong>of</strong> Investigative Actions and Documents<br />

(1) The record <strong>of</strong> investigative actions certifying <strong>the</strong> circumstances and facts established<br />

while examination, inspection, seizure, search, arrest <strong>of</strong> property, detention,<br />

presenting for identification, investigative experiment, overhearing <strong>of</strong> telephone and<br />

o<strong>the</strong>r conversations <strong>of</strong> <strong>the</strong> defendant, or o<strong>the</strong>r persons related to <strong>the</strong> crime, and also<br />

documents attached to <strong>the</strong> case, or submitted during <strong>the</strong> hearing, if <strong>the</strong>y verify or state<br />

<strong>the</strong> circumstances relevant to <strong>the</strong> case, must be announced completely or partially.

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