JOINT ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN, MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of November 16, 2005 No. 578, on November 7, 2005 No. 628

About approval of the Instruction about the organization and tactics of identification of citizens for unknown corpses, patients and children who for health reasons or to age cannot report about themselves data

For the purpose of further enhancement of the organization of work on identification of unknown corpses, unknown patients and children who for health reasons or to age cannot report about themselves data we ORDER:

1. Approve the enclosed Instruction about the organization and tactics identification of citizens on unknown corpses, patients and children who for health reasons or to age cannot report about themselves data.

2. To chiefs of Departments of internal affairs of the cities of Astana, Almaty, areas and on transport, city, district, linear law-enforcement bodies to organize studying and accomplishment of the Instruction by staff of the divisions concerning this work.

3. To heads of managements (departments) of health care of the cities of Astana and Almaty (under approval), to heads of the organizations subordinated to the Ministry of Health of the Republic of Kazakhstan to provide accomplishment of the Instruction.

4. To impose control over the implementation of this Order on the First vice-Minister of Internal Affairs of the Republic of Kazakhstan Kasymov K. N. and Vice-Minister of Health of the Republic of Kazakhstan Dikanbayevu S.A.

5. This Order becomes effective from the date of signing.

Approved by the joint order of the Minister of Health of the Republic of Kazakhstan of November 16, 2005 No. 578 of the Minister of Internal Affairs of the Republic of Kazakhstan of November 7, 2005 No. 628

The instruction about the organization and tactics of identification of citizens for unknown corpses, patients and children who for health reasons or to age cannot report about themselves data"

Chapter 1. General provisions

1. Identification of citizens on unknown corpses, patients and children who for health reasons or age cannot report about themselves data is one of the main areas of work of law-enforcement bodies (further - the Department of Internal Affairs), providing possibility of bystry disclosure of crimes, search of criminals and missing citizens, is performed in pursuance of the constitutional requirements about protection of legitimate rights and interests of citizens, and regulated by this Instruction.

2. Identification is carried out with use of criminalistic accounting, scientific and technical, operational search means and methods, with attraction for these purposes of criminalists, experts, judicial physicians, psychiatrists and other specialists.

3. The statements arriving in Department of Internal Affairs, messages of citizens, the organizations, the companies and organizations about detection of unknown corpses, patients and children who for health reasons or to age cannot report about themselves data are registered in the book of accounting of statements and messages on crimes and are reported on management. Initial events for their establishment are held without delay.

The person on duty on Department of Internal Affairs provides arrival to the place of detection of corpse of operational-investigations group which part the criminalist and the forensic scientist is.

In case of receipt of the message on detection of the patient or the child who for health reasons or to age cannot report about themselves data directs to the place of detection of the employee of operational division and the criminalist.

In cases if the unknown person suffered from crime, investigation and search operations on identification are held under the leadership of the investigator or person making inquiry within criminal and criminal and search case (further - URD).

In the absence of essential elements of offense this work with body of inquiry is conducted independently on the case of identification.

The prosecutor is immediately informed on detection of corpse.

4. Data on the found unknown corpses and unknown persons are located in the daily operational report of Department of Internal Affairs. This information without delay is carried to the head of the search division or the operative performing search who bear the personal responsibility for the organization and carrying out complex of actions for identification, keep daily account and the analysis of these activities.

5. Actions for identification of corpses of the unknown persons found on the objects serviced by Department of Internal Affairs on transport and divisions of special police, in full are performed by the staff of criminal police of these of Department of Internal Affairs, and on establishment of unknown patients and children holds only initial events and within 3 days transfers materials to Department of Internal Affairs on territoriality.

6. The common directorship and control of activities of the staff of Department of Internal Affairs who are carrying out work on establishment of unknown persons is assigned by completeness and timeliness of holding necessary actions to heads of Department of Internal Affairs.

7. For the purpose of completeness of accounting of unknown corpses, patients and children who for health reasons or to age cannot report about themselves data search divisions of offices of criminal police of Department of Internal Affairs carry out:

1) after every quarter reconciliation of data on unknown corpses with data of body of civil registration (далееЗАГС), morgues about the registered facts of burial of unknown corpses. In case of detection of discrepancies with accounting of Department of Internal Affairs take measures to establishment of identification signs, up to exhumation of corpses, in strict accordance with requirements of the law, their statement on centralized accounting, to institution of cases on identification;

2) together with the medical organizations quarterly reveal unknown persons in psychiatric and other medical stationary organizations, nursing homes and aged, the centers of temporary isolation of adaptation and rehabilitation of minors (further - TsVIARN);

3) is requested in bodies of forensic medical examination by monthly data on the unknown corpses delivered in morgue for this period.

Chapter 2. Initial actions for identification of citizens for unknown corpses

8. On each fact of detection of corpse according to the procedure, provided by Art. 224 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK) examines corpse and the adjacent territory.

9. Obligatory survey of corpse and the place of its detection by specialists is the action directed to identification and fixing of specific and pathological features for the purpose of further carrying out identification.

10. In case of receipt of the message on detection of unknown corpse to the scene there arrive as a part of operational-investigations group the duty criminalist of operational and criminalistic division, and also the forensic scientist.

11. The criminalist in case of inspection of the scene performs the following operations:

participates together with the forensic scientist in identification and fixing of the identifying signs which can characterize the identity of the dead (both on corpse body, and on the objects which are available on it and near it);

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