Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Article 200. Obligatory appointment of an expert examination and expert examination
enforcement
Expert examination appointment and enforcement shall be necessary if in a case it is necessary to
substantiate the following:
(1) the reasons of death, the nature and the level of damage to someone’s health;
(2) the age of the suspect, accused, victim when it is important for a case or there are no
documents on the age or they are doubtful;
(3) the mental or physical state of the suspect, accused when there are doubts on their being
insane or ability independently protect their rights and legal interests in a criminal case;
(4) mental or physical state of a victim, witness in cases when there is a doubt on their ability to
percept correctly the circumstances that are important for a case and provide testimony on
them
Article 201. The presence of an investigator at expert examination enforcement
Any investigator shall be authorized to be present at an expert examination enforcement.
Article 202. The rights of the suspect, accused, victim in appointment and enforcement of
an expert examination
(1) At appointment and enforcement of an expert examination the suspect, accused and a victim
shall have the right:
1) to be acknowledged with a resolution on expert examination appointment;
2) challenge an expert or file a motion on removal of an expert agency from an expert
examination enforcement in case they substantiate the circumstances that make it
doubtful that an expert agency in which a knowledgeable person works is not interested
in the expert examination results;
3) ask to assign specified by him persons being experts of some definite medical expert
agencies;
4) submit additional issues in order to receive expert’s opinion on them;
5) be present at an expert examination enforcement and provide explanations to an expert
and ask him questions;
6) get acknowledged with an expert’s opinion.
(2) The rights specified in item 1 of this Article shall also belong to a victim who was examined
by an expert.
(3) Any expert examination of victims and witnesses shall be enforced with their consent that
shall be given in a written form. If such persons have not reached 16 years old or were
recognized by court as insane a written consent on expert examination enforcement shall be
given by their representative by operation of law.
(4) In case of redress of a motion that was filed with a person specified in items 1 and 2 of this
Article the investigator shall accordingly change and amend his resolution on expert
examination appointment. In case a motion is waved the investigator shall render a resolution
that shall be announced to the person who filed a motion and he shall give a receipt on that.
Article 203. Expert examination enforcement in an expert agency