Peculiarities of Appointment and Production of Forensic Examinations in Criminal Cases for Violation of Safety Rules During Mining Works

Bakishev Kairat Alikhanovich 1, & Sadvakassova Adel Talgatovna 2

https://doi.org/10.62271/pjc.16.4.753.764

Abstract

This study analyses the peculiarities of appointment and production of expertise in the investigation of facts related to the violation of safety rules in mining operations. The relevance of the research topic is due to the increase in deaths and injuries at work and several legal problems. These include a) failure to comply with the requirement of Article 271 of the Code of Criminal Procedure of the Republic of Kazakhstan; b) the absence in the Order of the Minister of Justice of the Republic of Kazakhstan dated 27 March 2017 of a list of expertise to be appointed in the investigation of violations of safety rules during mining operations. The situation is further complicated by the absence of clear methodological guidelines for investigators regarding the procedure for appointing forensic examinations and formulating questions for experts. The authors assert that the national system of forensic examination must be modernised.

Keywords: forensic examination, investigation, criminal offences, specialist, expert, criminal procedure, investigative bodies, mining industry.