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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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(1) In order to undertake a comparative research <strong>the</strong> investigator shall be authorized to receive<br />

samples <strong>of</strong> handwriting and o<strong>the</strong>r samples necessary from <strong>the</strong> suspect or <strong>the</strong> accused.<br />

(2) Any investigator shall be also authorized to receive samples <strong>of</strong> handwriting and o<strong>the</strong>r<br />

samples for a comparative research from a witness or victim but only with <strong>the</strong>ir consent and<br />

in cases when it is necessary to check whe<strong>the</strong>r <strong>the</strong>y left prints in a place <strong>of</strong> event or on<br />

exhibits.<br />

(3) It shall be prohibited in receiving samples for a comparative research to use methods that are<br />

dangerous for <strong>the</strong> life and health <strong>of</strong> a person or humiliate his dignity.<br />

(4) Any investigator shall render a resolution on receiving <strong>of</strong> samples for a comparative research<br />

<strong>of</strong> alive persons. In necessary cases <strong>the</strong> receiving <strong>of</strong> samples shall be made with a<br />

participation <strong>of</strong> specialists and a transcript on proceedings shall be compiled on that in<br />

accordance with <strong>the</strong> requirements established by Articles 170 and 171 <strong>of</strong> this <strong>Code</strong>.<br />

(5) If receiving <strong>of</strong> samples is a part <strong>of</strong> an expert’s research it shall be made by an expert. In this<br />

case an expert shall reveal an information on <strong>the</strong> action in his opinion.<br />

Article 208. Placing into a medical agency in order to enforce an expert examination<br />

(1) If in <strong>the</strong> course <strong>of</strong> an appointment or enforcement <strong>of</strong> a medical or legal medical expert<br />

examination <strong>the</strong>re appeared a necessity to enforce a review over <strong>the</strong> suspect or <strong>the</strong> accused<br />

under <strong>the</strong> conditions <strong>of</strong> a state hospital he may be placed into a hospital and that shall be<br />

specified in a resolution on expert examination appointment.<br />

(2) If an issue on a necessity to appoint a medical or medical expert examination and placing <strong>of</strong><br />

<strong>the</strong> accused into hospital appeared in <strong>the</strong> course <strong>of</strong> a trial <strong>the</strong> decision on that shall be taken<br />

by court on <strong>the</strong> motion <strong>of</strong> <strong>the</strong> parties or its own initiative and a ruling (resolution) on that<br />

shall be rendered.<br />

(3) In placing <strong>of</strong> <strong>the</strong> suspect to a hospital in order to enforce medical expert examination <strong>the</strong> time<br />

limit within which he has to be charged shall be interrupted until <strong>the</strong> receipt an opinion <strong>of</strong><br />

doctors- psychiatrist on a mental state <strong>of</strong> <strong>the</strong> suspect.<br />

Article 209. The content <strong>of</strong> an expert’s opinion, information on impossibility to provide an<br />

opinion<br />

(1) Having made a research with regard to its results an expert or experts in <strong>the</strong>ir name shall<br />

compile an opinion that shall specify when, who , whom (full name, education, pr<strong>of</strong>ile, labor<br />

experience, scientific degree, position) and on what grounds made an expert examination; <strong>the</strong><br />

remark certified with an expert’s signature that he was warned about a criminal responsibility<br />

for a wave <strong>of</strong> or deviation from providing an opinion, who was present at an expert<br />

examination enforcement and what explanations were provided, what materials an expert<br />

used and what research made, questions asked to an expert and his motivated answers. If in<br />

<strong>the</strong> course <strong>of</strong> expert examination enforcement an expert substantiates <strong>the</strong> circumstances that<br />

are important for a case with regard to which he was asked questions he shall be authorized<br />

to specify <strong>the</strong>m in his opinion.<br />

(2) If an expert finds out that <strong>the</strong> asked questions are beyond <strong>the</strong> limits <strong>of</strong> his special knowledge<br />

or submitted to him materials may not be used or are insufficient for providing <strong>of</strong> an opinion<br />

and may not be executed or <strong>the</strong> state <strong>of</strong> scientific and expert practice does not let him answer

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