Repeated forensic examination is an important way of forming the evidence base in any process

In practice, it often happens that the results of the examination do not satisfy the participants in the process. In this case, the legislation provides for the possibility of re-examination.
Repeated forensic examination is an important way of forming the evidence base in any process.
By rechecking the ambiguous conclusions of the expert by repeated forensic examination, it is possible to achieve significant changes in the expert opinion confirming or refuting other evidence presented by the parties.
Statistics show that the largest number of repeated examinations falls on the conclusions of forensic medical examinations (of living persons), forensic medical examinations (of a corpse), forensic economic, examinations of the circumstances of an accident and a vehicle, forensic construction, complex forensic psychological and psychiatric examinations.
How to achieve the appointment of a re-examination and how to figure out whether a re-examination is needed in the case?
A re-examination is appointed if there are doubts about the initial conclusion, there are contradictions in the conclusions of several experts. This type of examination allows you to adjust the evidence base using special knowledge, which in some processes can play a decisive role.
However, it should be understood that according to the provisions of procedural legislation, expert opinions (both primary and repeated) do not have a pre-established force for the court and are subject to evaluation along with other evidence.
The procedure and grounds for re-examination are regulated by the Civil Procedure Code of the Republic of Kazakhstan (Article 90), the Criminal Procedure Code of the Republic of Kazakhstan (Article 287), the Code of the Republic of Kazakhstan “On Administrative Offenses” (Article 772), the Law of the Republic of Kazakhstan “On Forensic Expert Activity” (Article 42), the Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484 “On approval of the Rules for the organization and production of forensic examinations and research in forensic examination bodies” (paragraph 8).
To appoint a re-examination, the initiative of a judge, an investigator is necessary. In addition, persons participating in the case can again ask the court for a special study by submitting an application (petition) for the appointment of a re-examination.
But in order for the court, the investigator, to appoint a re-examination, the interested party is obliged to substantiate the application (petition) in detail, since disagreement with the expert’s conclusions does not in itself entail the obligation of the court to appoint a re-examination. The court evaluates the expert opinion according to its inner conviction, therefore, the activity of the parties in the argumentation of the appointment of a re-examination is very important.
It should be borne in mind that a re-examination is appointed on previously raised issues. But the court will appoint her to other experts.