Criminal Procedure Code of the Kyrgyz Republic - Legislationline
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