Title: International and interstate aspects of ensuring the rights of the suspect and the accused in the proceedings of forensic investigation

Authors: Aizhan Aryn; Sagyngaliy Aidarbayev; Assel Sharipova; Akynkozha Zhanibekov; Aina Otarbayeva

Addresses: Department of International Law, Faculty of International Relations, Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan ' Department of International Law, Faculty of International Relations, Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan ' Department of Criminal Law, Criminal Procedure and Criminalistic, Faculty of Law, Al-Farabi Kazakh National University, Almaty, Kazakhstan ' Department of Criminal Law, Criminal Procedure and Criminalistic, Faculty of Law, Al-Farabi Kazakh National University, Almaty, Kazakhstan ' Department of International Law, Faculty of International Relations, Al-Farabi Kazakh National University, Almaty, Kazakhstan

Abstract: The purpose of this research is a comprehensive study of the international legal regulation of the rights of the suspect and the accused in the proceedings of forensic investigation as well as the national legislation of the Republic of Kazakhstan on the example of foreign norms. The scientific and research papers of foreign, local and Russian scientists, as well as various international treaties, regional agreements and national legislation of foreign states, were considered. The analysis of the current criminal procedural legislation regulating the forensic examination showed that it has not been adequately brought into conformity with recognised international human rights norms based on the priority of protecting the rights and interests of the individual as well as with the fundamental provisions enshrined in the constitution.

Keywords: universal declaration; international treaty; convention; the rights of suspect and the accused; forensic investigation.

DOI: 10.1504/IJESDF.2021.113386

International Journal of Electronic Security and Digital Forensics, 2021 Vol.13 No.2, pp.155 - 179

Received: 29 Sep 2019
Accepted: 14 Jan 2020

Published online: 02 Mar 2021 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article