Procedure for organizing and conducting forensic and narcological examination at forensic investigation agencies Printable versionLast update: 06.12.2021
The grounding for an examination is an order, a ruling on the appointment of a forensic and narcological examination by an agency conducting a criminal process, a court, an agency or an official who conduct criminal and civil cases or administrative offense cases.
A forensic and narcological examination of individuals under arrest is conducted at detention centers (pre-trial detention centers, temporary detention centers) as well as in the offices of forensic experts if the conditions available that are necessary for conducting such an examination.
Forensic and narcological examination terms
Forensic and narcological examination term should not exceed thirty days, except isolated cases as provided for in the legislation of the Republic of Kazakhstan.
Upon completion of the examination and drawing up of expert statement or notification on inability to provide statement within three days, it is reported on the completion of a forensic examination or drawing up of the expert statement (notification on inability to provide), while the examination objects and other materials are issued (sent) to an agency (individual) that prescribed a forensic examination.
Following the examination results, a written statement is drawn up, which is approved by personal signatures and seal of forensic investigation agency.
The statement includes the following:
- date when it was drawn up, dates and place of forensic examination;
- groundings for forensic examination;
- information about an agency (individual), which initiated a forensic examination;
- information about a forensic investigation agency and (or) forensic expert(s), who was instructed to conduct forensic examination (surname, name, patronymic (if available), education, expert qualification, relevant professional experience, academic degree and rank, occupied position);
- a note signed by a forensic expert(s) on the fact that he/she is aware of the liability for provision of knowingly false statement;
- issued posed to a forensic expert(s);
- information on the participants of forensic examination as well as on the explanations provided by them;
- examination objects, their condition, package, affixing with seal and signing by witnesses;
- content and results of an examination with indication of the techniques used;
- assessment of the examination results, justification and formulation of conclusions on the issues posed to a forensic expert(s).
Thus, an expert statement should be based on the following:
- data obtained in the process of clinical examination;
- information contained in the case materials, including specific information about an individual subject to forensic and narcological examination (indicating page of the case); required materials such as abstract of previous convictions, characteristics of district inspectors, relatives;
- medical documentation obtained from psychiatric and narcological organizations;
- results of instrumental and laboratory tests.