of March 12, 2010 No. 164
About approval of the Instruction for production of forensic-psychiatric examination
According to the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan" and for the purpose of enhancement of production of forensic-psychiatric examinations, I ORDER:
1. Approve the enclosed Instruction for production of forensic-psychiatric examination.
2. To department of the organization of medical care of the Ministry of Health of the Republic of Kazakhstan (Nurgaziyev K. S.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.
3. To department of administrative and legal work of the Ministry of Health of the Republic of Kazakhstan (Bismildin F. B.) provide in the procedure established by the legislation official publication of this order after its state registration in the Ministry of Justice of the Republic of Kazakhstan.
4. To impose control of execution of this order on the Vice-Minister of Health of the Republic of Kazakhstan Birtanov E. A.
Approved by the Order of the Minister of Health of the Republic of Kazakhstan of March 12, 2010 No. 164
1. This Instruction is developed according to the Code of the Republic of Kazakhstan "About health of the people and health care system", the Code of penal procedure of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan "About administrative offenses", the Law of the Republic of Kazakhstan "About judicial and expert activities in the Republic of Kazakhstan" (further - the Law) and determines organizational bases of production of forensic-psychiatric examination in the Republic of Kazakhstan.
2. In this Instruction the following concepts are used:
1) bodies of forensic-psychiatric examination - The republican state state company "Republican Scientific and Practical Center of Psychiatry, Psychotherapy and Narcology" of the Ministry of Health of the Republic of Kazakhstan and the specialized psychiatric organizations of local authorities of public administration of health care to which functions production of forensic-psychiatric examinations is referred;
2) the head of body of forensic-psychiatric examination - person performing management of judicial and expert activities of body of forensic-psychiatric examination (the first head of body of forensic-psychiatric examination);
3) the forensic-psychiatric expert - person conforming to requirements of the Law to which body (person) conducting criminal procedure, court or body (official), the representative production of forensic-psychiatric examination is entrusted to consider cases on administrative offenses;
4) forensic-psychiatric examination - the research of materials of criminal, civil case or case on administrative offense conducted on the basis of special scientific knowledge in the field of forensic psychiatry for the purpose of establishment of the circumstances important for its permission.
3. The main objectives of forensic-psychiatric examination are:
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