Article 111. Intentional infliction of grievous bodily harm
1. Intentional infliction of grievous bodily harm, dangerous to a person's life, or resulting in loss of sight, speech, hearing or any organ or loss of its functions by the organ, termination of pregnancy, mental disorder, drug addiction or substance abuse, or expressed in indelible disfigurement a person who has caused a significant permanent loss of general ability to work by at least one third or, knowingly for the guilty person, complete loss of professional ability to work, -
the applicable sentence is deprivation of liberty for a term not exceeding eight years.
2. The same acts committed:
a) in relation to a person or his relatives in connection with the performance by this person of official activities or the fulfillment of a public duty;
b) in relation to a minor or other person, knowingly for the guilty person who is in a helpless state, as well as with special cruelty, mockery or torment for the victim;
c) in a generally dangerous way;
d) for hire;
e) from hooligan motives;
f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group;
g) for the purpose of using the organs or tissues of the victim, -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without restraint of liberty for a term of up to two years.
3. The acts provided for in the first or second parts of this article, if they are committed:
a) by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;
b) in relation to two or more persons -
shall be punishable by deprivation of liberty for a term of up to twelve years, with or without restraint of liberty for a term of up to two years.
(Paragraph as amended by Federal Laws dated December 27, 2009 No. 377-FZ; dated March 7, 2011 No. 26-FZ.)
4. The acts provided for in the first, second or third parts of this Article, and entailing, by negligence, the death of the victim, -
shall be punishable by deprivation of liberty for a term of up to fifteen years, with or without restraint of liberty for a term of up to two years.
(Paragraph as amended by Federal Laws dated December 27, 2009 No. 377-FZ; dated March 7, 2011 No. 26-FZ.)
1. The objective side of this crime is expressed in an act that has caused serious harm to health.
2. The medical characteristics of serious harm to health are enshrined in the Criminal Code and include: a) life-threatening harm to health, which is determined by the method of causing it; b) causing the consequences specified in the law - loss of vision, speech, hearing, loss of any organ or loss of its functions by the organ, termination of pregnancy (this type of grievous bodily harm differs from illegal abortion in that it is committed by the guilty against the will and wishes of the victim ), mental disorder, drug addiction or substance abuse, irreparable disfigurement of the face; c) significant permanent loss of general working capacity by at least one third; d) complete loss of professional ability to work, known to the perpetrator. The content of these characteristics is disclosed in the Rules for determining the severity of harm caused to human health, approved by the Government of the Russian Federation of August 17, 2007 No. 522, and in the order of the Ministry of Health and Social Development of Russia dated April 24, 2008 No. 194n "On approval of medical criteria for determining the severity of harm caused to human health ".
3. Intentional grievous bodily harm should be distinguished from attempted murder. This means that if, as a result of actions aimed at depriving the victim of the life of the victim, serious harm was caused to his health, then the deed should be qualified as attempted murder.
4. Mockery and torment (clause "b", part 2 of article 111 of the Criminal Code) should be understood as actions that cause additional suffering to the victim (for example, prolonged infliction of pain by pinching or deprivation of food, drink, etc.). The forensic expert does not establish the fact of bullying or torment, but he states whether there was a serious injury to health in this way.
5. In practice, it becomes necessary to delimit murder from deliberate infliction of grievous bodily harm, which inadvertently entailed the death of the victim (part 4 of Art. 111 of the Criminal Code). In case of murder, the intent of the perpetrator is aimed at depriving the victim of life, and in the commission of a crime under Part 4 of Art. 111 of the Criminal Code, the attitude of the perpetrator to the death of the victim is expressed in negligence. When deciding on the direction of the guilty's intent, the courts must proceed from the totality of all the circumstances of the crime committed and take into account, in particular, the method and instruments of the crime, the number, nature and location of bodily injuries (for example, injuries to vital organs of a person), as well as the preceding and subsequent crimes. the behavior of the perpetrator and the victim, their relationship.
Article 195. Procedure for appointing a forensic examination
1. Having found it necessary to appoint a forensic examination, the investigator issues a resolution on this, and in the cases provided for by paragraph 3 of part two of Article 29 of this Code, initiates a petition before the court, which indicates:
1) the grounds for the appointment of a forensic examination;
2) the surname, name and patronymic of the expert or the name of the expert institution in which the forensic examination is to be carried out;
3) questions posed to the expert;
4) materials made available to the expert.
2. Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge.
3. The investigator acquaints the suspect, the accused, his defense lawyer, victim, his representative with the decision on the appointment of a forensic examination and explains to them the rights provided for in Article 198 of this Code. A protocol is drawn up about this, signed by the investigator and persons who are familiar with the decision.
4. A forensic examination in relation to the victim, with the exception of cases provided for by paragraphs 2, 4 and 5 of Article 196 of this Code, as well as in relation to a witness, shall be carried out with their consent or the consent of their legal representatives, which are given by the said persons in writing. A forensic examination may be ordered and carried out prior to the initiation of a criminal case.
(as amended by Federal Laws of 29.05.2002 N 58-FZ, of 04.03.2013 N 23-FZ)
(see text in previous edition)
Article 196. Mandatory appointment of a forensic examination
The appointment and production of a forensic examination is mandatory if it is necessary to establish:
1) causes of death;
2) the nature and degree of harm caused to health;
3) the mental or physical condition of the suspect, the accused, when doubts arise about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings;
3.1) the mental state of a suspect accused of committing a crime against the sexual inviolability of a minor under the age of fourteen years over the age of eighteen, in order to decide whether or not he has a sexual preference disorder (pedophilia);
(Clause 3.1 was introduced by the Federal Law of 29.02.2012 N 14-FZ)
3.2) the mental or physical condition of the suspect, the accused, when there is reason to believe that he is a drug addict;
(Clause 3.2 was introduced by the Federal Law of 25.11.2013 N 313-FZ)
4) the mental or physical state of the victim, when there is doubt about his ability to correctly perceive the circumstances that are important for the criminal case and give evidence;
5) the age of the suspect, the accused, the victim, when it is important for the criminal case, and the documents confirming his age are absent or questionable.
Article 197. The presence of an investigator during the performance of a forensic examination
1. The investigator has the right to be present during the forensic examination, to receive explanations from the expert about the actions he is carrying out.
2. The fact of the presence of the investigator during the forensic examination shall be reflected in the expert's conclusion.
Article 198. Rights of a suspect, accused, victim, witness in the appointment and production of a forensic examination
1. When appointing and conducting a forensic examination, the suspect, the accused, his defense lawyer, the victim, the representative shall have the right:
(as amended by Federal Law of 28.12.2013 N 432-FZ)
(see text in previous edition)
1) get acquainted with the decision on the appointment of a forensic examination;
2) declare a challenge to an expert or petition for a forensic examination in another expert institution;
3) apply for the involvement of the persons indicated by them as experts or for the production of a forensic examination in a specific expert institution;
4) apply for the inclusion of additional questions to the expert in the decision on the appointment of a forensic examination;
5) be present with the permission of the investigator during the forensic examination, give explanations to the expert;
6) get acquainted with the expert's conclusion or a message about the impossibility of giving an opinion, as well as with the protocol of the expert's interrogation.
2. The witness in respect of whom the forensic examination was carried out shall have the right to familiarize himself with the expert's conclusion.
(Part 2 as revised by Federal Law No. 432-FZ of 28.12.2013)
(see text in previous edition)
Article 199. The procedure for sending the materials of a criminal case for the production of a forensic examination
1. When conducting a forensic examination in an expert institution, the investigator shall send to the head of the relevant expert institution a resolution on the appointment of a forensic examination and the materials necessary for its production.
2. The head of the expert institution, after receiving the order, entrusts the production of a forensic examination to a specific expert or several experts from among the employees of this institution and notifies the investigator about this. In this case, the head of the expert institution, with the exception of the head of the state forensic expert institution, explains to the expert his rights and responsibilities, provided for in Article 57 of this Code.
3. The head of the expert institution has the right to return without execution the decision on the appointment of a forensic examination and the materials submitted for its production, if this institution does not have an expert of a specific specialty or special conditions for conducting research, indicating the reasons for the return.
4. If the forensic examination is carried out outside the expert institution, then the investigator hands over the decision and the necessary materials to the expert and explains to him the rights and responsibilities provided for in Article 57 of this Code.
5. The expert has the right to return the decision without execution if the submitted materials are not enough for the production of a forensic examination or he believes that he does not have sufficient knowledge for its production.
Article 200. Commission forensic examination
1. Commission forensic examination is carried out by at least two experts of the same specialty. The commission nature of the examination is determined by the investigator or the head of the expert institution, who is entrusted with the production of the forensic examination.
2. If, according to the results of the research, the opinions of experts on the questions posed coincide, then they draw up a single conclusion. In the event of a disagreement, each of the experts who participated in the forensic examination shall give a separate opinion on the issues that caused the disagreement.
Article 201. Comprehensive forensic examination
1. Forensic examination, in the production of which experts of different specialties participate, is complex.
2. The conclusion of the experts participating in the complex forensic examination shall indicate what research and to what extent each expert conducted, what facts he established and what conclusions he came to. Each expert who participated in the production of a comprehensive forensic examination signs that part of the conclusion, which contains a description of the research carried out by him, and is responsible for it.
Article 202. Obtaining samples for comparative research
1. The investigator has the right to receive handwriting samples or other samples for comparative research from the suspect, the accused, the witness, the victim, as well as in accordance with part one of Article 144 of this Code from other individuals and representatives of legal entities in cases where it becomes necessary to check, left whether they have traces in a certain place or on material evidence, and draw up a protocol in accordance with Articles 166 and 167 of this Code, with the exception of the requirement for the participation of attesting witnesses. Obtaining samples for comparative research can be carried out before the initiation of a criminal case.
(Part 1 as amended by Federal Law of 04.03.2013 N 23-FZ)
(see text in previous edition)
2. When obtaining samples for a comparative study, methods that are dangerous to human life and health or humiliating his honor and dignity should not be used.
3. The investigator shall issue a resolution on the receipt of samples for a comparative study. In necessary cases, samples are obtained with the participation of specialists.
4. If the receipt of samples for a comparative study is part of a forensic examination, then it is carried out by an expert. In this case, the expert reflects information about the production of the specified action in his conclusion.
Article 203. Placement in a medical organization providing medical care in inpatient conditions, or in a medical organization providing psychiatric care in inpatient conditions for the production of a forensic examination
(see text in previous edition)
1. If during the appointment or production of a forensic medical or forensic psychiatric examination there is a need for an inpatient examination of a suspect or an accused, he may be placed in a medical organization that provides medical care in inpatient conditions, or in a medical organization that provides psychiatric care in inpatient conditions.
(as amended by Federal Law of 25.11.2013 N 317-FZ)
(see text in previous edition)
2. A suspect or an accused who is not in custody shall be placed in a medical organization that provides medical care in inpatient conditions, or in a medical organization that provides psychiatric care in an inpatient setting, for the production of a forensic medical or forensic psychiatric examination on the basis of a court decision, adopted in the manner prescribed by Article 165 of this Code.
(as amended by Federal Law of 25.11.2013 N 317-FZ)
(see text in previous edition)
3. If the suspect is placed in a medical organization providing psychiatric care in inpatient conditions for the production of a forensic psychiatric examination, the period during which he must be charged in accordance with Article 172 of this Code shall be interrupted pending the receipt of an expert opinion.
(as amended by Federal Law of 25.11.2013 N 317-FZ)
(see text in previous edition)
Article 204. Expert opinion
1. The expert's conclusion shall indicate:
1) the date, time and place of the forensic examination;
2) the grounds for the production of a forensic examination;
3) the official who appointed the forensic examination;
4) information about the expert institution, as well as the surname, name and patronymic of the expert, his education, specialty, work experience, academic degree and (or) academic title, position held;
5) information about the expert's warning about responsibility for giving a knowingly false conclusion;
6) questions posed to the expert;
7) objects of research and materials submitted for the production of a forensic examination;
8) information about the persons who were present during the forensic examination;
10) conclusions on the questions posed to the expert and their justification.
2. If, in the course of the forensic examination, the expert establishes the circumstances that are important for the criminal case, but about which he was not asked questions, then he has the right to indicate them in his conclusion.
3. Materials illustrating the expert's conclusion (photographs, diagrams, graphs, etc.) are attached to the conclusion and are an integral part of it.
Article 205. Interrogation of an expert
1. The investigator has the right, on his own initiative or at the request of the persons specified in part one of Article 206 of this Code, to interrogate an expert to explain the conclusion given by him. Interrogation of an expert prior to the submission of an opinion is not allowed.
2. An expert cannot be questioned about the information that has become known to him in connection with the production of a forensic examination, if they do not relate to the subject of this forensic examination.
3. The protocol of the interrogation of the expert is drawn up in accordance with Articles 166 and 167 of this Code.
Article 206. Submission of expert opinion
1. The expert's opinion or his report on the impossibility of giving an opinion, as well as the protocol of the expert's interrogation, shall be presented by the investigator to the victim, his representative, the suspect, the accused, his defense lawyer, who are explained in this case the right to apply for an additional or repeated forensic examination.
(as amended by Federal Law of 28.12.2013 N 432-FZ)
(see text in previous edition)
2. If a forensic examination was carried out in relation to a witness, then he shall also be presented with an expert opinion.
(as amended by Federal Law of 28.12.2013 N 432-FZ)
(see text in previous edition)
Article 207. Additional and repeated forensic examinations
1. In case of insufficient clarity or completeness of the expert's conclusion, as well as when new questions arise regarding the previously investigated circumstances of the criminal case, an additional forensic examination may be appointed, the production of which is entrusted to the same or another expert.
2. In cases where doubts arise about the validity of the expert's conclusion or there are contradictions in the conclusions of the expert or experts on the same issues, a repeated examination may be appointed, the production of which is entrusted to another expert.
3. Additional and repeated forensic examinations are appointed and carried out in accordance with Articles 195 - 205 of this Code.
Article 195. Procedure for appointing a forensic examination
1. Having found it necessary to appoint a forensic examination, the investigator issues a resolution on this, and in the cases provided for by paragraph 3 of part two of Article 29 of this Code, initiates a petition before the court, which indicates:
1) the grounds for the appointment of a forensic examination;
2) the surname, name and patronymic of the expert or the name of the expert institution in which the forensic examination is to be carried out;
3) questions posed to the expert;
4) materials made available to the expert.
2. Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge.
3. The investigator acquaints the suspect, the accused, his defense lawyer, victim, his representative with the decision on the appointment of a forensic examination and explains to them the rights provided for in Article 198 of this Code. A protocol is drawn up about this, signed by the investigator and persons who are familiar with the decision.
4. A forensic examination in relation to the victim, with the exception of the cases provided for by paragraphs 2, 4 and 5 of Article 196 of this Code, as well as in relation to a witness, shall be carried out with their consent or the consent of their legal representatives, which are given by the said persons in writing. A forensic examination may be ordered and carried out prior to the initiation of a criminal case.
Article 196. Mandatory appointment of a forensic examination
The appointment and production of a forensic examination is mandatory if it is necessary to establish:
1) causes of death;
2) the nature and degree of harm caused to health;
3) the mental or physical condition of the suspect, the accused, when doubts arise about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings;
3. 1) the mental state of a suspect accused of committing a crime against the sexual inviolability of a minor under the age of fourteen years over the age of eighteen, in order to decide whether or not he has a sexual preference disorder (pedophilia);
3. 2) the mental or physical condition of the suspect, the accused, when there is reason to believe that he is a drug addict;
4) the mental or physical state of the victim, when there is doubt about his ability to correctly perceive the circumstances that are important for the criminal case and give evidence;
5) the age of the suspect, the accused, the victim, when it is important for the criminal case, and the documents confirming his age are absent or questionable.
Article 197. The presence of an investigator during the performance of a forensic examination
1. The investigator has the right to be present during the forensic examination, to receive explanations from the expert about the actions he is carrying out.
2. The fact of the presence of the investigator during the forensic examination is reflected in the expert's opinion.
Article 198. Rights of a suspect, accused, victim, witness in the appointment and production of a forensic examination
1. When appointing and conducting a forensic examination, the suspect, the accused, his defense lawyer, the victim, the representative have the right:
1) get acquainted with the decision on the appointment of a forensic examination;
2) declare a challenge to an expert or petition for a forensic examination in another expert institution;
3) apply for the involvement of the persons indicated by them as experts or for the production of a forensic examination in a specific expert institution;
4) apply for the inclusion of additional questions to the expert in the decision on the appointment of a forensic examination;
5) be present with the permission of the investigator during the forensic examination, give explanations to the expert;
6) get acquainted with the expert's conclusion or a message about the impossibility of giving an opinion, as well as with the protocol of the expert's interrogation.
2. The witness, in respect of whom the forensic examination was carried out, has the right to familiarize himself with the expert's conclusion.
Article 199. The procedure for sending the materials of a criminal case for the production of a forensic examination
1. When carrying out a forensic examination in an expert institution, the investigator sends to the head of the relevant expert institution a decision on the appointment of a forensic examination and the materials necessary for its production.
2. The head of the expert institution, after receiving the order, entrusts the production of a forensic examination to a specific expert or several experts from among the employees of this institution and notifies the investigator about this. In this case, the head of the expert institution, with the exception of the head of the state forensic expert institution, explains to the expert his rights and responsibilities, provided for in Article 57 of this Code.
3. The head of the expert institution has the right to return without execution the decision on the appointment of a forensic examination and the materials submitted for its production, if this institution does not have an expert of a specific specialty or special conditions for conducting research, indicating the reasons for which the return is made.
4. If the forensic examination is carried out outside the expert institution, then the investigator delivers the decision and the necessary materials to the expert and explains to him the rights and responsibilities provided for in Article 57 of this Code.
5. The expert has the right to return the decision without execution if the submitted materials are not enough for the production of a forensic examination or he believes that he does not have sufficient knowledge for its production.
Article 200. Commission forensic examination
1. Commission forensic examination is carried out by at least two experts of the same specialty. The commission nature of the examination is determined by the investigator or the head of the expert institution, who is entrusted with the production of the forensic examination.
2. If, according to the results of the research, the opinions of experts on the questions posed coincide, then they draw up a single conclusion. In the event of a disagreement, each of the experts who participated in the forensic examination shall give a separate opinion on the issues that caused the disagreement.
Article 201. Comprehensive forensic examination
1. Forensic examination, in the production of which experts of different specialties participate, is complex.
2. The conclusion of the experts involved in the production of a comprehensive forensic examination indicates what research and to what extent each expert conducted, what facts he established and what conclusions he came to. Each expert who participated in the production of a comprehensive forensic examination signs that part of the conclusion, which contains a description of the research carried out by him, and is responsible for it.
Article 202. Obtaining samples for comparative research
1. The investigator has the right to receive samples of handwriting or other samples for comparative research from a suspect, accused, witness, victim, as well as, in accordance with part one of Article 144 of this Code, from other individuals and representatives of legal entities in cases where it becomes necessary to check whether they have left traces in a certain place or on material evidence, and draw up a protocol in accordance with Articles 166 and 167 of this Code, with the exception of the requirement for the participation of attesting witnesses. Obtaining samples for comparative research can be carried out before the initiation of a criminal case.
2. When obtaining samples for a comparative study, methods that are dangerous to human life and health or humiliating his honor and dignity should not be used.
3. The investigator issues a resolution on the receipt of samples for a comparative study. In necessary cases, samples are obtained with the participation of specialists.
4. If the receipt of samples for a comparative study is part of the forensic examination, then it is carried out by an expert. In this case, the expert reflects information about the production of the specified action in his conclusion.
Article 203. Placement in a medical organization providing medical care in inpatient conditions, or in a medical organization providing psychiatric care in inpatient conditions for the production of a forensic examination
1. If, during the appointment or production of a forensic medical or forensic psychiatric examination, it becomes necessary for an inpatient examination of a suspect or an accused, then he may be placed in a medical organization providing medical care in inpatient conditions, or in a medical organization providing psychiatric care in inpatient conditions.
2. A suspect or an accused who is not in custody is placed in a medical organization that provides medical care in an inpatient setting, or in a medical organization that provides psychiatric care in an inpatient setting, for the production of a forensic medical or forensic psychiatric examination on the basis of a court decision taken in the procedure established by Article 165 of this Code.
3. If the suspect is placed in a medical organization providing psychiatric care in inpatient conditions for the production of a forensic psychiatric examination, the period during which he must be charged in accordance with Article 172 of this Code shall be interrupted pending the receipt of an expert opinion.
Article 204. Expert opinion
1. The expert's conclusion shall indicate:
1) the date, time and place of the forensic examination;
2) the grounds for the production of a forensic examination;
3) the official who appointed the forensic examination;
4) information about the expert institution, as well as the surname, name and patronymic of the expert, his education, specialty, work experience, academic degree and (or) academic title, position held;
5) information about the expert's warning about responsibility for giving a knowingly false conclusion;
6) questions posed to the expert;
7) objects of research and materials submitted for the production of a forensic examination;
8) information about the persons who were present during the forensic examination;
10) conclusions on the questions posed to the expert and their justification.
2. If, during the forensic examination, the expert establishes the circumstances that are important for the criminal case, but about which he was not asked questions, then he has the right to indicate them in his conclusion.
3. Materials illustrating the expert's conclusion (photographs, diagrams, graphs, etc.) are attached to the conclusion and are an integral part of it.
Article 205. Interrogation of an expert
1. The investigator has the right, on his own initiative or at the request of the persons specified in part one of Article 206 of this Code, to interrogate an expert to explain the conclusion given by him. Interrogation of an expert prior to the submission of an opinion is not allowed.
2. An expert cannot be questioned about the information that became known to him in connection with the production of a forensic examination, if they do not relate to the subject of this forensic examination.
3. The protocol of the interrogation of the expert is drawn up in accordance with Articles 166 and 167 of this Code.
Article 206. Submission of expert opinion
1. The expert's opinion or his report on the impossibility of giving an opinion, as well as the protocol of the expert's interrogation, shall be presented by the investigator to the victim, his representative, the suspect, the accused, his defense lawyer, who are explained in this case the right to apply for an additional or repeated forensic examination.
2. If a forensic examination was carried out in relation to a witness, then an expert opinion is also presented to him.
Article 207. Additional and repeated forensic examinations
1. If there is insufficient clarity or completeness of the expert's conclusion, as well as if new questions arise regarding the previously investigated circumstances of the criminal case, an additional forensic examination may be appointed, the production of which is entrusted to the same or another expert.
2. In cases of doubts about the validity of the expert's conclusion or the presence of contradictions in the conclusions of the expert or experts on the same issues, a repeated examination may be appointed, the production of which is entrusted to another expert.
3. Additional and repeated forensic examinations are appointed and carried out in accordance with Articles 195 - 205 of this Code.
Yurguru.ru / Criminal Procedure Code of the Russian Federation / Chapter 27. Production of forensic examination
Criminal Procedure Code of the Russian Federation
Chapter 27. Production of forensic examination
Article 195. Procedure for appointing a forensic examination
1. Having found it necessary to appoint a forensic examination, the investigator issues a resolution on this, and in the cases provided for by paragraph 3 of part two of Article 29 of this Code, initiates a petition before the court, which indicates:
1) the grounds for the appointment of a forensic examination;
2) the surname, name and patronymic of the expert or the name of the expert institution in which the forensic examination is to be carried out;
3) questions posed to the expert;
4) materials made available to the expert.
2. Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge.
3. The investigator acquaints the suspect, the accused, his defense counsel with the decision on the appointment of a forensic examination and explains to them the rights provided for in Article 198 of this Code. A protocol is drawn up about this, signed by the investigator and persons who are familiar with the decision.
4. A forensic examination in relation to the victim, with the exception of cases provided for by paragraphs 2, 4 and 5 of Article 196 of this Code, as well as in relation to a witness, shall be carried out with their consent or the consent of their legal representatives, which are given by the said persons in writing.
Article 196. Mandatory appointment of a forensic examination
The appointment and production of a forensic examination is mandatory if it is necessary to establish:
1) causes of death;
2) the nature and degree of harm caused to health;
3) the mental or physical condition of the suspect, the accused, when doubts arise about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings;
4) the mental or physical state of the victim, when there is doubt about his ability to correctly perceive the circumstances that are important for the criminal case and give evidence;
5) the age of the suspect, the accused, the victim, when it is important for the criminal case, and the documents confirming his age are absent or questionable.
Article 197. The presence of an investigator during the performance of a forensic examination
1. The investigator has the right to be present during the forensic examination, to receive explanations from the expert about the actions he is carrying out.
2. The fact of the presence of the investigator during the forensic examination shall be reflected in the expert's conclusion.
Article 198. Rights of a suspect, accused, victim, witness in the appointment and production of a forensic examination
1. When appointing and carrying out a forensic examination, the suspect, the accused, his defense counsel shall have the right:
1) get acquainted with the decision on the appointment of a forensic examination;
2) declare a challenge to an expert or petition for a forensic examination in another expert institution;
3) apply for the involvement of the persons indicated by them as experts or for the production of a forensic examination in a specific expert institution;
4) apply for the inclusion of additional questions to the expert in the decision on the appointment of a forensic examination;
5) be present with the permission of the investigator during the forensic examination, give explanations to the expert;
6) get acquainted with the expert's conclusion or a message about the impossibility of giving an opinion, as well as with the protocol of the expert's interrogation.
2. The witness and the victim, in respect of whom the forensic examination was carried out, shall have the right to get acquainted with the expert's conclusion. The victim also enjoys the rights provided for in paragraphs 1 and 2 of the first part of this article.
Article 199. The procedure for sending the materials of a criminal case for the production of a forensic examination
1. When conducting a forensic examination in an expert institution, the investigator shall send to the head of the relevant expert institution a resolution on the appointment of a forensic examination and the materials necessary for its production.
2. The head of the expert institution, after receiving the order, entrusts the production of a forensic examination to a specific expert or several experts from among the employees of this institution and notifies the investigator about this. In this case, the head of the expert institution, with the exception of the head of the state forensic expert institution, explains to the expert his rights and responsibilities, provided for in Article 57 of this Code.
3. The head of the expert institution has the right to return without execution the decision on the appointment of a forensic examination and the materials submitted for its production, if this institution does not have an expert of a specific specialty or special conditions for conducting research, indicating the reasons for the return.
4. If the forensic examination is carried out outside the expert institution, then the investigator hands over the decision and the necessary materials to the expert and explains to him the rights and responsibilities provided for in Article 57 of this Code.
5. The expert has the right to return the decision without execution if the submitted materials are not enough for the production of a forensic examination or he believes that he does not have sufficient knowledge for its production.
Article 200. Commission forensic examination
1. Commission forensic examination is carried out by at least two experts of the same specialty. The commission nature of the examination is determined by the investigator or the head of the expert institution, who is entrusted with the production of the forensic examination.
2. If, according to the results of the research, the opinions of experts on the questions posed coincide, then they draw up a single conclusion. In the event of a disagreement, each of the experts who participated in the forensic examination shall give a separate opinion on the issues that caused the disagreement.
Article 201. Comprehensive forensic examination
1. Forensic examination, in the production of which experts of different specialties participate, is complex.
2. The conclusion of the experts participating in the complex forensic examination shall indicate what research and to what extent each expert conducted, what facts he established and what conclusions he came to. Each expert who participated in the production of a comprehensive forensic examination signs that part of the conclusion, which contains a description of the research carried out by him, and is responsible for it.
Article 202. Obtaining samples for comparative research
1. The investigator has the right to receive handwriting samples or other samples for comparative research from the suspect, the accused, as well as from the witness or victim in cases when it becomes necessary to check whether they have left traces in a certain place or on material evidence, and draw up a protocol in accordance with Articles 166 and 167 of this Code, with the exception of the requirement for the participation of attesting witnesses.
2. When obtaining samples for a comparative study, methods that are dangerous to human life and health or humiliating his honor and dignity should not be used.
3. The investigator shall issue a resolution on the receipt of samples for a comparative study. In necessary cases, samples are obtained with the participation of specialists.
4. If the receipt of samples for a comparative study is part of a forensic examination, then it is carried out by an expert. In this case, the expert reflects information about the production of the specified action in his conclusion.
Article 203. Placement in a medical or psychiatric hospital for a forensic examination
1. If, in the appointment or production of a forensic medical or forensic psychiatric examination, it becomes necessary for an inpatient examination of a suspect or accused, then he may be placed in a medical or psychiatric hospital.
2. A suspect or an accused who is not in custody shall be placed in a medical or psychiatric hospital for the performance of a forensic medical or forensic psychiatric examination on the basis of a court decision taken in accordance with the procedure established by Article 165 of this Code.
3. In the event that a suspect is placed in a psychiatric hospital for the production of a forensic psychiatric examination, the period during which he must be charged in accordance with Article 172 of this Code shall be interrupted pending the receipt of an expert opinion.
Article 204. Expert opinion
1. The expert's conclusion shall indicate:
1) the date, time and place of the forensic examination;
2) the grounds for the production of a forensic examination;
3) the official who appointed the forensic examination;
4) information about the expert institution, as well as the surname, name and patronymic of the expert, his education, specialty, work experience, academic degree and (or) academic title, position held;
5) information about the expert's warning about responsibility for giving a knowingly false conclusion;
6) questions posed to the expert;
7) objects of research and materials submitted for the production of a forensic examination;
8) information about the persons who were present during the forensic examination;
10) conclusions on the questions posed to the expert and their justification.
2. If, in the course of the forensic examination, the expert establishes the circumstances that are important for the criminal case, but about which he was not asked questions, then he has the right to indicate them in his conclusion.
3. Materials illustrating the expert's conclusion (photographs, diagrams, graphs, etc.) are attached to the conclusion and are an integral part of it.
Article 205. Interrogation of an expert
1. The investigator has the right, on his own initiative or at the request of the persons specified in part one of Article 206 of this Code, to interrogate an expert to explain the conclusion given by him. Interrogation of an expert prior to the submission of an opinion is not allowed.
2. An expert cannot be questioned about the information that has become known to him in connection with the production of a forensic examination, if they do not relate to the subject of this forensic examination.
