The organization and conduct of these examinations is established by the legislation of the Republic of Kazakhstan on forensic activities. Printable versionLast update: 20.12.2019
It is important to know that according to Article 61 of the Code "On people's health and the health care system" remedial order destination and production of forensic, forensic psychiatry and forensic drug testing is set by the Criminal Procedure Code, the Civil Procedure Code of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan on Administrative Offences.
The organization and conduct of these examinations is established by the legislation of the Republic of Kazakhstan on forensic activities.
Forensic drug testing
The basis for the decision of the examination is a resolution on the appointment of forensic drug testing by the authority conducting the criminal proceedings, the court, authority or officer in charge of the criminal and civil case or administrative proceedings.
Expertise in relation to a person in custody holds at its location (remand center or temporary detention facility).
The examination must be conducted in the organs of forensic drug testing in the outpatient setting.
In complex cases (in case of conflicting data from clinical, laboratory and instrumental methods of investigation in respect of a person directed to the examination) commission or a comprehensive forensic drug testing holds in stationary conditions.
Deadlines of production of the forensic drug testing
The term for forensic drug testing does not exceed thirty days and shall run from the date of the official decision on the appointment of expertise.
The term of a delivery of conclusion should not exceed three days.
Conclusions of the expert.
According to research there is compiled a written report, which shall be certified by the personal signatures and personal seals experts. In the case of the examination by authority of forensic drug testing signatures are sealed with a stamp of that agency.
- The date of registration of detention, date and place of the examination;
- The base of the examination;
- Information about the initiator of expertise;
- Information on the agency of forensic drug testing and experts (full name, education, expert specialty, professional experience, academic degree and academic rank, position);
- Mark, certified by the experts that they are warned about criminal liability for knowingly giving false imprisonment;
- Questions posed to allow forensic experts;
- The content and results of studies showing the used methods;
- Evaluation of the results of the research, formulation of conclusions on issues raised before the experts.
In this case, the expert opinion must be based:
- On the data obtained during clinical (general examination, somatic examination, etc.) research;
- On the information contained in the materials of the case, where there are characterizing details of the person subjected to forensic drug testing (indicating the page of the case). Needed materials: certificate of previous convictions, copies of previous sentences to bring to criminal responsibility, the characteristics of local policemen, relatives;
- On the medical records obtained from psychiatric, drug organizations, including the indication of history to life;
- On the results of laboratory and instrumental methods of research.