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Approved by the Law of the Azerbaijan Republic of July 14, 2000, No. 907-IQ

CODE OF PENAL PROCEDURE OF THE AZERBAIJAN REPUBLIC

of July 14, 2000

(as amended on 23-04-2021)

(KC1) In view of restriction of the right of the victim and civil claimant for introduction of the claim according to the procedure of the additional cassation and on participation in such production, 68 and 127 Constitutions of the Azerbaijan Republic arising from requirements of Articles 25,, regulations of the Code of penal procedure of the Azerbaijan Republic (Article 87.6. 14, 89.4.12 and 422.3, to recommend to Millie to Majlis of the Azerbaijan Republic to bring according to part I of article 94 of the Constitution corresponding changes in the Code of penal procedure of the Azerbaijan Republic (The resolution of the Constitutional court of the Azerbaijan Republic of March 19, 2002) - the Azerbaijan newspaper, on March 24, 2002, No. 66.

(KC2) In view of restriction of the right of the victim for introduction of the claim about deterioration of the situation of the convict in the higher degrees of jurisdiction arising from requirements of Articles 12, 60 and 68 Constitutions of the Azerbaijan Republic, regulations of the Code of penal procedure of the Azerbaijan Republic (Article 383.1. 5, 409.4 and 420.3) to recommend to Millie to Majlis of the Azerbaijan Republic to bring taking into account this Resolution and the Resolution of the Constitutional court of the Azerbaijan Republic of March 19, 2002 Concerning Articles 87.6. 14, 89.4.12 and 422.3 Codes of penal procedure of the Azerbaijan Republic corresponding changes in the Code of penal procedure of the Azerbaijan Republic (The resolution of the Constitutional court of the Azerbaijan Republic of April 19, 2002) - the Azerbaijan newspaper, on April 21, 2002, No. 90.

(KC3) Non-use by persons specified in Article 409 of the Code of penal procedure of the Azerbaijan Republic for any reason of the right of introduction of the petition for appeal (protest), does not limit their right to introduction of the claim (protest) to sentence or the court order of appellate instance in court of cassation instance in the cases and procedure established by the specified Code (The resolution of the Constitutional court of the Azerbaijan Republic of July 19, 2002), - the Azerbaijan newspaper, on July 21, 2002, No. 164.

(KC4) Hearing of cases according to the writ of appeal or the prosecutor's appeal on the verdict of not guilty, on the court decree about cessation of production on criminal case, materials of the simplified pre-judicial production or the claim according to the procedure of private prosecution, on conviction as necessary of application of the law on more serious crime, excessive softness of the imposed penalty or to other bases worsening situation of the convict, and is equal on the court decree about application of enforcement powers of educational nature during the terms provided in Articles 410.1.2 and 410.1.3 of the Code of penal procedure of the Azerbaijan Republic it is necessary to make according to the procedure and the terms specified in Articles 418 and 419 of this Code. (The resolution of the Constitutional court of the Azerbaijan Republic of September 30, 2002), - the Azerbaijan newspaper, on October 3, 2002, No. 228.

(KC5) the Term of 12 months, stipulated in Article 423 Codes of penal procedure of the Azerbaijan Republic, is applied only in the cases specified in Article 421.1 of this Code. At the same time according to the general principles and provisions of Articles 410, 416.0.21, 420.2, 420.3, 421.1, and also 427.4 Codes of penal procedure of the Azerbaijan Republic cannot be accepted the resolution caused by deterioration of the situation of the convict or person acquitted in additional cassation production (The resolution of the Constitutional court of the Azerbaijan Republic of September 30, 2002), - the Azerbaijan newspaper, on October 3, 2002, No. 228.

General part

Section first. Basic provisions

Chapter I. Criminal procedure legislation

Article 1. Purpose of the criminal procedure legislation of the Azerbaijan Republic

1.1. The criminal procedure legislation of the Azerbaijan Republic determines availability or lack of evidence in the acts reflecting essential elements of offense, guilt or innocence of the person accused of crime execution, and also processes of law of criminal prosecution and protection, application of criminal legal measures concerning the legal entity, person, the suspect or accused of making of the act provided by the penal statute.

1.2. The criminal procedure legislation of the Azerbaijan Republic is oriented on:

- possibility of exposure and criminal prosecution of anything who made the act recognized by the law crime;

- impossibility of illegal suspicion, accusation or condemnation by willful actions of officials of the bodies performing criminal procedure or judges, any not guilty of crime execution;

- non-use concerning somebody illegal or the procedural enforcement powers which are not representing need, other restrictions of rights and freedoms of man and citizen.

1.3. The criminal procedure legislation of the Azerbaijan Republic creates possibility of strengthening of legality, respect of rights and freedoms of man and citizen.

Article 2. Sources of the criminal procedure legislation

2.1. The criminal procedure legislation of the Azerbaijan Republic consists from:

2.1.1. Constitutions of the Azerbaijan Republic;

2.1.2 of this Code;

2.1.3. other laws of the Azerbaijan Republic;

2.1.4. international treaties with participation of the Azerbaijan Republic.

2.2. Regulations of the Constitution of the Azerbaijan Republic have the highest legal force in all territory of the Azerbaijan Republic and have direct force. In the presence of contradictions between regulations of the Constitution of the Azerbaijan Republic and provisions of this Code regulations of the Constitution of the Azerbaijan Republic are applied.

2.3. In the presence in international treaties with participation of the Azerbaijan Republic of rules of others, than in this Code, rules of international treaties are applied.

2.4. Within criminal procedure activities the regulatory legal acts canceling or limiting the rights and freedoms of man and citizen breaking the principles of independence of judges and competitiveness when implementing justice which are obviously giving certain legal force to proofs cannot be applied. Procedural precepts of law of other laws shall be brought into accord with provisions of this Code.

Article 3. Operation of the criminal procedure legislation in space

3.1. The criminal procedure legislation of the Azerbaijan Republic acts on the territory of the Azerbaijan Republic without any limit, except for provided by Articles 3.3. and 3.4. of this Code.

3.2. Provisions of the criminal procedure legislation of the Azerbaijan Republic are applied also outside the territory of the Azerbaijan Republic on the ocean and river crafts floating under National flag of the Azerbaijan Republic or registered in its ports and also on the aircrafts having identification marks of the Azerbaijan Republic or registered at its airports.

3.3. By international treaties with participation of the Azerbaijan Republic cases of application of other rules of action in space of the criminal procedure legislation of the Azerbaijan Republic can be established.

3.4. Application in the territory of the Azerbaijan Republic of regulations of the criminal procedure legislation of foreign state is allowed only in the cases provided by international treaties with participation of the Azerbaijan Republic and if it does not contradict tasks and the principles of the criminal procedure legislation of the Azerbaijan Republic.

Article 4. Operation of the criminal procedure legislation in time

4.1. In the Azerbaijan Republic making of criminal procedure actions, acceptance and execution of resolutions on criminal procedure cases are performed according to the provisions of the criminal procedure legislation of the Azerbaijan Republic operating at the moment.

4.2. The provisions of the criminal procedure legislation of the Azerbaijan Republic limiting the rights of participants of criminal procedure have no retroactive force.

4.3. The possibility of proofs when implementing justice shall correspond to the provisions of the criminal procedure legislation of the Azerbaijan Republic operating at the moment. If the new accepted provision of the criminal procedure legislation of the Azerbaijan Republic significantly changes conditions of possibility of proofs, then proofs which are not corresponding to new provisions cannot constitute accusation basis.

Article 5. Operations of the criminal procedure legislation concerning foreigners and stateless persons

5.1. Criminal procedure activities concerning foreigners or stateless persons, suspects or persons accused of crime execution, are performed according to provisions of the criminal procedure legislation of the Azerbaijan Republic.

5.2. Features of criminal procedure activities in the relation or with participation of persons who have diplomatic immunity and also other privileges established by international treaties with participation of the Azerbaijan Republic are determined by provisions of Articles 436-441 of this Code.

Article 6. Observance of requirements of the criminal procedure legislation

6.1. Provisions of the criminal procedure legislation of the Azerbaijan Republic are obligatory for all physical persons and legal entities which are in the territory of the Azerbaijan Republic.

6.2. Non-compliance with requirements of the criminal procedure legislation of the Azerbaijan Republic attracts responsibility in the cases established by the legislation of the Azerbaijan Republic.

Article 7. Basic concepts of the criminal procedure legislation

7.0. In the criminal procedure legislation of the Azerbaijan Republic the following basic concepts are applied:

7.0.1. crime event - the event reflecting in itself essential elements of offense;

7.0.2. the applicant - persons who addressed to the bodies performing criminal procedure or to court behind protection of the valid or expected rights;

7.0.3. criminal procedure - set of legal proceedings on criminal prosecution and the accepted procedural resolutions;

7.0.4. criminal prosecution - the criminal procedure activities performed for the purpose of establishment of event of crime, exposure of person who made the act provided by the penal statute, presentations to it of accusation, maintenance of this accusation in court, assignment of punishment, providing in need of measures of procedural coercion;

7.0.5. the bodies performing criminal procedure - bodies of inquiry, investigation, prosecutor's office or courts in which production there are criminal case or other materials connected with criminal prosecution;

7.0.6. criminal case set of the materials collected during implementation of criminal prosecution in connection with crime which is committed or making of which is supposed;

7.0.7. other materials connected with criminal prosecution materials, collected in connection with implementation of criminal prosecution on the simplified pre-judicial production or according to the claim according to the procedure of private prosecution, or on special proceeding;

7.0.8. the criminal legal proceedings production performed to court, and also in courts of the first, appeal and cassation instances according to the procedure, provided this by the Code;

7.0.9. court - the court created according to the legislation of the Azerbaijan Republic for the purpose of justice implementation, considering the criminal cases or other materials connected with criminal prosecution as court of the first, appeal or cassation instance, according to the procedure, established by this Code;

7.0.10. Trial Court - the court authorized for consideration of the charge brought to this or that person and on the resolution of sentence or other final decision on the substance of this accusation according to the procedure and in the cases provided by this Code.

7.0.11. Appeal Court - the court authorized for consideration of claims or protests, and also the addresses submitted according to the procedure of production on recognition of sentences or other final decisions of courts of foreign states the sentences or other court orders of the first instance which did not take legal effect according to the procedure and in the cases established by this Code;

7.0.12. court of cassation instance - the court authorized for consideration of claims, protests or representations on the sentences or other court orders of appellate instance which took legal effect, in cases and according to the procedure, established by this Code;

7.0.13. the judge-person, appointed to this position according to the procedure, established by the legislation of the Azerbaijan Republic (the chairman of justices, his deputy, the chairman of board or the judge of court of the first, appeal or cassation instance);

7.0.14. the chairman in judicial session - the judge presiding in judicial session by the consideration of criminal case or other materials connected with criminal prosecution, solely, as a part of several judges;

7.0.15. it is excluded according to the Law of the Azerbaijan Republic of 13.02.2015 No. 1194-IVQD

7.0.16. it is excluded according to the Law of the Azerbaijan Republic of 13.02.2015 No. 1194-IVQD

7.0.17. it is excluded according to the Law of the Azerbaijan Republic of 13.02.2015 No. 1194-IVQD

7.0.18. participants of criminal procedure - the investigator, the investigator, the prosecutor, and also the victim, the private prosecutor, the civil claimant, their legal representatives and representatives, the suspect or the person accused, their legal representatives, the defender, the representative of the legal entity concerning whom production on application of criminal legal measures, the civil defendant, his legal representative or the representative is conducted;

7.0.19. the parties of criminal procedure - participants of criminal procedure who in criminal trial perform accusation or protection on the basis of the principles of competitiveness and equality;

7.0.20. accusation - insistance according to the procedure, established by this Code, that person made the specific act provided by the penal statute;

7.0.21. the party of accusation - in general the investigator, the investigator, the prosecutor, and also the victim, the private prosecutor, the civil claimant;

7.0.22. preliminary inquiry - pre-judicial criminal proceeding in the form of pretrial investigation and inquiry;

7.0.23. the prosecutor - person who within the powers according to the procedure, provided by this Code, performs procedural management of preliminary inquiry of criminal case or supports in court as the state prosecutor public or public private prosecution;

7.0.24. the investigator - person who within the powers carries on pretrial investigation on criminal case according to the procedure, provided by this Code;

7.0.25. the investigator - person who within the powers makes inquiry on criminal prosecution in cases and according to the procedure, provided by this Code;

7.0.26. the private prosecutor - the victim who brings charge in court and supports him according to the procedure and in the cases provided by this Code;

7.0.27. protection - procedural activities which are performed for the purpose of confutation or mitigation of the charge brought against person suspected of making of the act provided by the penal statute, protection of its rights and freedoms, and also recovery of the violated rights and freedoms of person illegally subjected to criminal prosecution;

7.0.28. the party of protection - in general the suspect or the person accused, his defender, the representative and the defender of the legal entity concerning whom production on application of criminal legal measures, and the civil defendant is conducted;

7.0.29. other persons who are involved in criminal trial - the witness, the witness, the specialist, the expert, the court clerk and the translator;

7.0.30. legal representatives of the victim, the civil claimant, the suspect or the person accused or the civil defendant - parents, adoptive parents, guardians, custodians, and also guardianship and custody body which in the cases provided by this Code represent legitimate interests of the victim, civil claimant, suspect or person accused or civil defendant during criminal procedure;

7.0.31. the representative of the victim, the civil claimant or the civil defendant having notarially certified power of attorney, the lawyer, and also the close relative of the victim who is physical person or the civil claimant or the civil defendant who is physical person and also the authorized faces of the victim who is the legal entity established by the laws, other legal acts or constituent documents of the legal entity or the civil claimant or civil defendant who is the legal entity or workers of the legal entity whose principle place of employment is this legal entity and which are authorized in the appropriate order;

7.0.31-1. the representative of the legal entity concerning whom production on application of criminal legal measures - the founder, the head or other official of the legal entity representing the interests of the legal entity is conducted with the powers established by the law or constituent documents of the legal entity;

7.0.32. close relatives grandfathers, grandmas, parents, adoptive parents, the family and stepbrothers and sisters, the spouse, children adopted grandsons;

7.0.33. the relatives persons having general to the grandfather and the grandma of ancestors, close relatives of the spouse, the spouse of the grandfather, the grandma, the parent, the adoptive father, native or the stepbrother or the sister, the son or the daughter adopted or the grandson or their close relatives;

7.0.34. the residential room place which is temporary or constantly used for accommodation of one or several persons including the house, the apartment, the dacha, hotel, the room in sanatorium, boarding house, the hostel, rest house, camping, tourist base which are directly adjoining them verandahs, terraces, galleries, balconies, places public (other their components which are used for rest, storage of property or satisfaction of other needs of people), cellars and attics of structures, except the apartment house and also cabin of the ocean ship or compartment of the long distance train (for the purposes of of this Code the concept of premises covers, besides, office office of physical person, the protected parcel of land belonging to it, the car, river and sea vessels);

7.0.35. night time time from 22:00 in the evening to 7:00 in the morning local time;

7.0.36. damage - the moral, physical or material damage caused to the victim by crime;

7.0.37. the procedural actions actions of participants of criminal procedure provided by this Code and performed according to its provisions;

7.0.38. measure of restraint - measure of procedural coercion which in cases and according to the procedure, provided by this Code, is elected by the investigator, the investigator, the prosecutor or court concerning the suspect or the person accused with temporary restriction of its rights;

7.0.38-1. detention centers - the provided for content of detainees or persons of the place of temporary content taken into custody, pre-trial detention centers and garrison guardrooms of Armed forces of the Azerbaijan Republic and other paramilitary groups created according to the legislation of the Azerbaijan Republic;

7.0.39. detention - content of person in the place of temporary content with short-term restriction of its freedom in cases and according to the procedure, provided by this Code;

7.0.40. arrest - as measure of restraint - content of the person accused in detention centers with temporary restriction of its freedom in cases and according to the procedure, provided by this Code;

7.0.41. the petition - the request of the participant of criminal procedure addressed to the body performing criminal procedure;

7.0.42. explanation - the written or oral arguments given by participants of criminal procedure or applicants for reasons for requirements both own, and represented by them persons;

7.0.43. the procedural resolution - the procedural act which is adopted on the criminal case or other materials connected with criminal prosecution, the judge or judges (except sentences), and also the investigator, the investigator or the prosecutor in cases and according to the procedure, provided by this Code;

7.0.44. It is excluded according to the Law of the Azerbaijan Republic of 13.02.2015 No. 1194-IVQD

7.0.45. the court verdict - the decree which is issued by the judge (judges), as a result of judicial review in Trial and Appeal Court, about guilt or innocence of person in the acts charged to it, about application or non-use concerning the charged punishment;

7.0.46. protest - the claim of the prosecutor to sentence or other court order on criminal case with participation of the state prosecutor or to other materials connected with criminal prosecution brought in superior court;

7.0.47. the claim - the written address about illegality or groundlessness of legal proceedings or procedural resolutions addressed to the body performing criminal procedure;

7.0.48. procedural documents - the statement, the claim, protest, the petition, objection, the notice, the agenda, the conclusion, the expert opinion, the resolution, sentence and other documents constituted by participants of legal or criminal procedure in the cases and according to the procedure established by this Code.

Chapter II. Tasks, basic principles and conditions of criminal trial

Article 8. Tasks of criminal trial

8.0. Criminal trial has the following tasks:

8.0.1. protection of the personality, society and state against criminal encroachments;

8.0.2. protection of the personality against cases of abuse of ex-officio full powers in connection with the valid or expected crime execution;

8.0.3. bystry disclosure of crimes, comprehensive, complete and objective clarification of all circumstances connected with criminal prosecution;

8.0.4. exposure and criminal prosecution of persons who committed crime;

8.0.5. administration of law for the purpose of punishment of persons accused of crime execution with establishment of their fault and rehabilitation of the innocent;

8.0.6. apply criminal legal measures to legal entities for the crimes committed by physical persons for benefit of the legal entity or for protection of its interests.

Article 9. Basic principles of criminal trial and purpose of its conditions

9.1. Criminal trial has the basic principles and conditions opened in Articles 10-36 of this Code:

9.1.1. determination of the rules constituting basis of implementation of criminal prosecution;

9.1.2. ensuring protection of man and citizen against cases of illegal restriction of its rights and freedoms;

9.1.3. establishment of legality and justification of each criminal prosecution.

9.2. Violation of the principles or conditions of criminal procedure in the cases established by this Code can lead to conclusion about invalidity of the finished production on criminal prosecution, to cancellation of the resolutions accepted in its course or to conclusion about lack of evidential force of collected materials.

Article 10. Legality

10.1. Courts and participants of criminal procedure shall observe strictly provisions of the Constitution of the Azerbaijan Republic, of this Code, other laws of the Azerbaijan Republic, and also international treaties with participation of the Azerbaijan Republic.

10.2. Out of regulations and rules which are established by the become effective and published law of the Azerbaijan Republic accountability as the suspect or the person accused on criminal prosecution, detention, detention, search, the drive and exposure to other measures of procedural coercion are not allowed, and condemnation, punishment, restriction is equal in other form of the rights and freedoms somebody.

10.3. Interpretation of the Constitution and other laws of the Azerbaijan Republic is obligatory for participants of criminal procedure in that case when such interpretation is this in the resolution of the Constitutional Court of the Azerbaijan Republic.

10.4. It is excluded.

10.5. The legal proceedings made with violation of the requirements specified in this Article of this Code and the resolutions accepted with such violation have no legal force.

Article 11. Equality of everyone before the law and court

11.1. In the Azerbaijan Republic criminal procedure is performed on the basis of equality of everyone before the law and court.

11.2. The bodies performing criminal procedure do not provide to anybody from involved in criminal trial of benefit on nationality, social, sexual, racial, national, political and religious affiliation, language, origin, property or official position, beliefs, the residence, the location and other reasons which are not proved by the law.

11.3. Features of criminal prosecution concerning the President of the Azerbaijan Republic, the former President of the Azerbaijan Republic or his spouse (her spouse), Millie's deputies of Majlis of the Azerbaijan Republic, the Prime Minister of the Azerbaijan Republic, the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic, members of Judicial and legal council and judges of the Azerbaijan Republic are determined by the Constitution of the Azerbaijan Republic, this Code and other laws of the Azerbaijan Republic.

Article 12. Providing the rights and freedoms of man and citizen affirmed by the Constitution

12.1. The bodies performing criminal procedure shall provide observance of the rights and freedoms of man and citizen affirmed by the Constitution for all persons who are involved in criminal trial.

12.2. Person who suffered from act with essential elements of offense has the right according to the procedure, provided by this Code, to require initiation of criminal prosecution, to take part in its implementation as the victim or the private prosecutor, and also to receive compensation for the moral, physical and material damage caused to it.

12.3. During criminal procedure everyone has the right to protect the rights and obligations affirmed by the Constitution by all methods and means which are not prohibited by the legislation.

12.4. The resolution on temporary restriction of the rights affirmed by the Constitution and freedoms of person in connection with application in its relation of measures of procedural coercion can be accepted only as necessary in cases and according to the procedure, provided by this Code.

12.5. It is forbidden to use during criminal prosecution the methods and means threatening life and human health or the environment.

12.6. The bodies performing the criminal procedure having no right to hide the circumstances threatening life and human health, the environment.

Article 13. Respect for honor and advantage of person

13.1. Adoption of resolutions or assumption of actions which touch honor and advantage of the person is forbidden, degrade or offend it or can threaten life and health of persons who are involved in criminal trial.

13.2. During criminal procedure nobody can be:

13.2.1. will subject to the address and punishment degrading human dignity;

13.2.2. contain in the conditions degrading human dignity;

13.2.3. it is forced to participation in production of the legal proceedings degrading advantage.

Article 14. Ensuring right to liberty

14.1. The right of everyone to freedom can be limited only to his detention, detention or imprisonment according to the procedure and in the cases provided by the law.

14.2. Nobody can be detained and taken into custody without availability of the bases provided by this Code and other law of the Azerbaijan Republic.

14.3. Content of person under guards, and also its forced room in medical or educational institution are allowed only according to the court decree.

14.4. In language clear to it the reasons of detention or detention, and also essence of suspicion or accusation, the right to abstention from evidence and on receipt of legal aid from the defender immediately shall be told each detainee or person taken into custody.

14.5. The investigator, the investigator, the prosecutor or court shall exempt immediately illegally detained or illegally person who is held in custody.

Article 15. Ensuring principle of integrity of human beings

15.1. The personal search and survey of this or that person, other legal proceedings violating its right to immunity cannot be carried out against the will of this person or his legal representative, without availability of the court decree or to others, except detention or detention, cases.

15.2. During criminal prosecution are prohibited:

15.2.1. tortures, use of physical and mental abuse, including medical supplies, exposure to hunger, hypnosis, deprivation of medical care, application of other cruel, inhuman or humiliating treatment and punishment;

15.2.2. attraction to participation in the long or followed by strong physical sufferings or temporary disorder of health experiments or other legal proceedings, and also carrying out any other similar testing;

15.2.3. receipt of indications at the victim, the suspect or the person accused, and also involved in criminal trial of other persons by violence, threat, deception and using other illegal actions violating their rights.

Article 16. Providing right to personal privacy

16.1. During criminal procedure anybody's right to protection of mystery of private life (the and family), correspondence, telephone negotiations, data transferred by mail, to telegraph and other means of communication and other data cannot be limited, except the cases provided by this Code.

16.2. Seizure of post and cable and other correspondence, its check and dredging, interception of the negotiations held by phone and to other devices, the data transferred on other communication channels and technicians and other data can be made in the cases provided by this Code, and, as a rule, according to the court order.

Article 17. Providing right to inviolability of home

17.1. Nobody can get into housing against the will of living in it, except the cases provided by this Code.

17.2. Survey of premises, service or production premises, production in them of search and other investigative and legal proceedings limiting the property right are performed, as a rule, compulsorily according to the court order.

Article 18. Providing property right

18.1. During criminal prosecution anybody's property right, including the right of private property, cannot be limited, except the cases provided by this Code.

18.2. The property withdrawn during production of legal proceedings shall be specified in the protocol of the corresponding legal proceeding, is subjected to the detailed inventory, and the receipt on withdrawal of property under safe custody shall be issued to its owner.

18.3. During criminal prosecution application of the cash sanction, and equally in property attachment are performed according to the court order.

Article 19. Ensuring the right to legal aid and on protection

19.1. During criminal prosecution the investigator, the investigator, the prosecutor or court shall take measures to providing the right of the victim, suspect or person accused to receipt of qualified legal aid.

19.2. The body performing the criminal procedure which was injured (the private prosecutor), the civil claimant, the civil defendant or their legal representatives and also the legal entity concerning whom production on application of criminal legal measures is conducted shall observe the right to use legal aid of the representative invited by them in the procedure established by this Code during criminal procedure.

19.3. In case of interrogation of the victim or witness the body performing criminal procedure has no right to prohibit stay near specified persons of the lawyer invited by them as the representative.

19.4. The body performing criminal procedure shall provide the following rights of the suspect or person accused:

19.4.1. use the help of the defender before detention, detention or respectively before the first interrogation as the suspect or from the moment of brining a charge to the person accused;

19.4.2. receive explanation of the rights;

19.4.3. have enough time and opportunities for preparation of the protection;

19.4.4. perform the protection personally most or through the defender chosen by it or, in case of absence at it sufficient means for payment to the defender of remuneration, receive free legal aid;

19.4.5. listen during court investigation of the witnesses who gave evidences against it.

19.5. In the cases established by this Code, the body performing criminal procedure shall involve in case of the legal representative of the suspect or person accused.

19.6. Participation in criminal procedure of the defender and the legal representative of the suspect or the person accused cannot limit the rights of this suspect or person accused.

19.7. The suspect or the person accused cannot be forced to evidence, representation of any materials to the body performing criminal procedure and rendering any help to it.

Article 20. Freedom of self-accusation and accusation of relatives

20.1. Nobody can be forced to evidence against himself and the close relatives and will subject to any prosecution for it.

20.2. Person in case of preliminary inquiry or judicial review it is offered to them to provide the information convicting of crime execution him or his close relatives having the right to refuse evidence without being afraid of any negative legal effects for itself.

Article 21. Presumption of innocence

21.1. Any person accused is found of crime execution not guilty until his guilt is proved according to the procedure, provided by this Code, and is the court verdict which took legal effect about it.

21.2. Recognition of person by the guilty person is inadmissible even in the presence of thorough suspicions of his guilt. According to provisions of this Code of doubt which in case of proof of accusation cannot be eliminated within the corresponding process of law are permitted for benefit of accused (suspect). In the same way in its advantage also the doubts which are not eliminated in case of application of the criminal and criminal procedure laws shall be permitted.

21.3. Person accused of crime execution shall not prove the innocence. The obligation of proof of accusation, confutation of the arguments pushed in protection of the person accused lays down on the party of accusation.

Article 22. Providing right to claim of legal proceedings

The bodies performing criminal procedure shall provide the right of everyone to require carrying out fair and open legal proceedings in connection with the charge brought to him or with the measures of procedural coercion applied in its relation. The variation of right to claim of legal proceedings for any reason is inadmissible.

Article 23. Implementation of criminal trial only court

23.1. Criminal trial is performed by the authorized court entering judicial system of the Azerbaijan Republic. Nobody can be found guilty and condemned without court verdict.

23.2. Creation of emergency courts or assignment of competences of court is inadmissible and attracts the responsibility established by the legislation of the Azerbaijan Republic.

23.3. Sentences and resolutions extraordinary and others illegally the created courts have no legal force and are not subject to execution.

Article 24.

It is excluded according to the Law of the Azerbaijan Republic of 13.02.2015 No. 1194-IVQD

Article 25. Independence of judges

25.1. Judges are independent and submit only to the laws of the Azerbaijan Republic.

25.2. Judges are not connected with the conclusions drawn by the bodies performing criminal procedure during preliminary inquiry.

25.3. Judges resolve the criminal cases or other materials connected with criminal prosecution on the internal belief and sense of justice which rely on research of the evidence produced by the parties of criminal procedure in judicial session.

25.4. Courts of the Azerbaijan Republic administer justice in the conditions excluding illegal impact on independence and will of judges.

25.5. Nobody has the right to interfere with justice implementation, to demand from judges of explanations on the substance of the criminal cases or other materials connected with criminal prosecution considered or being in their production.

25.6. Restriction with someone directly or indirectly for any of several reasons justice implementation, the illegal pressure upon court, threat application, intervention, disrespect for court, its obvious ignoring are inadmissible and attract the responsibility established by the legislation of the Azerbaijan Republic.

Article 26. Language of criminal trial

26.1. In courts of the Azerbaijan Republic criminal trial is conducted in state language of the Azerbaijan Republic or in language of the population constituting the majority in the corresponding territory.

26.2. The body performing criminal procedure shall provide to the participants of criminal procedure who are not knowing language in which criminal trial, the following rights is conducted:

26.2.1. on receipt of explanations about their right to use the native language;

26.2.2. use during preliminary inquiry and legal proceedings of the free help of the translator, complete acquaintance after completion of preliminary inquiry with criminal case file or other materials connected with criminal prosecution, performance in court in the native language.

26.3. Specified in Article 26.2.2. of this Code of the right of the participants of criminal procedure who are not knowing language in which criminal trial is conducted are provided at the expense of the government budget of the Azerbaijan Republic.

26.4. The body performing criminal procedure submits to the corresponding persons proper documents in language in which criminal trial is conducted. Documents which shall be provided to the corresponding persons who are not knowing language in which criminal trial is conducted are provided to them in their native language or in other language which they know.

Article 27. Publicity of criminal trial

27.1. In the Azerbaijan Republic justice on the criminal cases and other materials connected with criminal prosecution in all courts is performed publicly, except as specified protection of the state, professional and trade secrets, and also the personal and family secrets of citizens provided by this Code.

27.2. The correspondence implementation by courts of the Azerbaijan Republic of justice on the criminal cases and other materials connected with criminal prosecution is not allowed, except as specified, provided by this Code.

27.3. The court decrees accepted during criminal trial in all cases are proclaimed publicly.

Article 28. Objectivity, impartiality and justice of criminal trial

28.1. Courts shall consider in judicial sessions the criminal cases and other materials connected with criminal prosecution only based on the facts, without prejudice and fairly, according to the processes of law established in compliance in this Code.

28.2. Judges when implementing criminal trial cannot advocate any other interests, in addition to interests of the law.

28.3. The judge cannot participate in administration of law on the criminal case and other materials connected with criminal prosecution if has direct or indirect interest in the result of criminal procedure.

28.4. When implementing criminal trial of the judge shall carry out the following tasks:

28.4.1. provide to participants of criminal procedure necessary conditions for comprehensive, complete and objective investigation of all circumstances connected with criminal prosecution;

28.4.2. consider the circumstances both exposing, and acquitting the suspect or the person accused, and also mitigating or aggravating responsibility;

28.4.3. consider the applications submitted by the suspect or the person accused or his defender and petitions for innocence or small guilt of the suspect or the person accused, and also for the circumstances acquitting him or mitigating responsibility;

28.4.4. check the claims brought in connection with violation of the law during criminal procedure;

28.4.5. provide to participants of criminal procedure the participation right.

28.5. The court decree about guilt of person in crime execution cannot be based on conclusions and also enough powerful proofs corresponding each other shall be confirmed by set relevant.

28.6. Unacceptably unauthorized change of rules of administration of law for separate cases and faces, and also on certain conditions or for some period of time.

Article 29. Respect for cognizance of cases

29.1. Nobody can be deprived of the right to consideration of its case by court to which this case is jurisdictional under the law. Without the consent of person consideration of its case by other court is not allowed.

29.2. Unreasonable withdrawal of case from production of the legal judge is forbidden or put change of cognizance, except as specified, provided by this Code.

Article 30. Restriction of participation of the judge in criminal trial

30.1. Repeated participation in legal proceedings of the judge who took part in criminal trial in court of the first, appeal or cassation instance is not allowed.

30.2. In cases, stipulated in Article the 109th of this Code, the judge shall withdraw or be eliminated from the consideration of criminal case and other materials connected with criminal prosecution.

Article 31. Inadmissibility not of the procedural relations in criminal trial

Not the procedural relations between structure of court and participants of criminal procedure, and also between courts of the first, appeal and cassation instances which are not provided by this Code concerning consideration of the criminal cases or other materials connected with criminal prosecution are inadmissible.

Article 32. Competitiveness of the parties in criminal procedure

32.1. In the Azerbaijan Republic criminal trial is performed on the basis of the principle of competitiveness of the parties of accusation and protection.

32.2. For the purpose of ensuring competitiveness of the parties in the criminal procedure according to the procedure provided by this Code:

32.2.1. in court each of the parties is represented;

32.2.2. each of the parties has the equal rights and potential for maintenance of the line item in court;

32.2.3. the party of accusation proves availability of event of crime, signs of the act provided by the penal statute, participation of the person accused in its making, possibility of criminal prosecution of person who committed crime makes the offers on legal evaluation of deeds and according to the final court order;

32.2.4. the party of protection confutes the charge brought in connection with criminal prosecution or draws attention of the body performing criminal procedure to release of the person accused from criminal liability or to availability of the circumstances mitigating criminal liability and makes offers on legal evaluation of deeds and according to the final court order;

32.2.5. each of the parties independently chooses the line item and determines means and methods of its maintenance is independent of anybody;

32.2.6. the court according to the petition of each of the parties of criminal procedure helps it to receive required additional materials;

32.2.7. the sentence is proved by court the proofs researched only with ensuring participation in it on an equal basis the parties of criminal procedure;

32.2.8. the state prosecutor and the private prosecutor perform criminal prosecution and refuse it;

32.2.9. the person accused denies the guilt or itself pleads guilty;

32.2.10. the civil claimant refuses the claim or signs the voluntary settlement with the civil defendant;

32.2.11. the civil defendant accepts the claim or signs the voluntary settlement with the civil claimant.

Article 33. Assessment of proofs in criminal trial

33.1. Judges when implementing criminal trial estimate the proofs collected on criminal case on the basis of requirements of this Code.

33.2. When implementing criminal trial violation of provisions of Articles 125, of 144, of the 145th of this Code is inadmissible.

33.3. In criminal procedure any proof and other material have no predefined force.

33.4. Unacceptably prejudiced relation of judges to proofs and other materials, giving to one of them of value, bigger or smaller in comparison with others, prior to research within the existing process of law.

Article 34. Inadmissibility of repeated condemnation for the same act

34.1. Nobody can be repeatedly condemned for making of the same act.

34.2. In cases, stipulated in Article 41 of this Code, voluntary refusal in court according to the state prosecutor or the private prosecutor from criminal prosecution of person is excluded by repeated imputation to this person in fault of the same act (except as on newly discovered facts).

34.3. In the presence concerning person of the court verdict which took legal effect for making of some act accusation replacement with heavier accusation and aggravation of punishment are inadmissible renewal of criminal prosecution in its relation for the same act.

Article 35. Providing right to repeated appeal to the court

35.1. In cases and according to the procedure, provided by this Code, the participant of criminal procedure has the right to appeal in court of higher instance the procedural resolutions and actions respectively accepted or made by court by the consideration of criminal case or other materials connected with criminal prosecution.

35.2. Any condemned person in case of submission of the claim in court of higher instance performs the following rights:

35.2.1. asks reconsideration of the case in connection with illegality or groundlessness of the court verdict pronounced in its relation;

35.2.2. asks the mitigation of punishment appointed the sentence pronounced in its relation in view of its weight.

35.3. Restriction of the rights of the convict provided by Articles 35.1 is inadmissible. and 35.2. of this Code.

Article 36. Ensuring recovery of the violated rights rehabilitated

36.1. During criminal procedure the right of persons provided by Articles 55, of the 56th of this Code, to the requirement about recovery of the violated rights and freedoms and about compensation of the caused damage shall be provided with the body performing criminal procedure.

36.2. The rights of persons which were affected by abuse of ex-officio full powers or from crime, and also illegally the convicts who illegally were held in custody or in other form limited in the rights during criminal procedure, are recovered according to the procedure, established by this Code and other laws of the Azerbaijan Republic.

Chapter III. Criminal prosecution

Article 37. Types of criminal prosecution

37.1. Depending on nature and severity of crime criminal prosecution is performed according to provisions of this Code according to the procedure of private, public and private or public prosecution.

37.2. Criminal prosecution according to the procedure of private prosecution is performed only according to the claim of the victim on the crimes specified in Articles 147, of 148, 165.1 and 166.1 Criminal codes of the Azerbaijan Republic and stops conciliation of the victim with the person accused before removal of court to the consultative room.

37.3. Criminal prosecution according to the procedure of public private prosecution is performed according to the claim of the victim or, in cases, stipulated in Article 37.5. of this Code, at the initiative of the prosecutor on the crimes specified in Articles 127, of 128, 129.2, 130.2, 133, of 134, 142.1, 148-1, 149.1, 150.1, 151, 156-158, 163, 169-1, 175-177. 1, 178.1, 179.1, 186.1, 187.1, 190.1, 197 and 201.1 of the Criminal code of the Azerbaijan Republic.

37.4. Criminal prosecution according to the procedure of public private prosecution cannot be stopped behind conciliation of the victim with the person accused, except the cases provided by articles 73 and 73-1  of the Criminal code of the Azerbaijan Republic.

37.5. Without claim injured criminal prosecution according to the procedure of public private prosecution it can be initiated by the prosecutor only in the following cases:

37.5.1. if the committed crime touches interests of the state or society;

37.5.2. if the crime is committed by the public agent or other officials of state bodies or against such persons;

37.5.3. if the crime is committed concerning the expectant mother, the aged or being down and out person;

37.5.4. if the crime is committed as a result of threat, coercion or concerning dependent on person who committed crime;

37.5.5. if the crime is commited by person incapacitated or not reached age on reaching which criminal liability, or against such person is possible.

37.6. On other crimes which are not specified in Articles 37.2. and 37.3. of this Code, criminal prosecution is performed according to the procedure of public accusation.

Article 38. Obligation perform criminal prosecution

38.1. The investigator, the investigator or the prosecutor, having received the message on the acts reflecting signs of the preparing or committed crime, or having directly found criminal incident, shall according to the procedure, established by this Code, to take measures to preserving and withdrawal of traces of crime, and also to immediately hold inquiry or the investigation within the powers.

38.2. In case of crime execution confirmation the state prosecutor shall expose the person accused before court and demand for it worthy punishment, and in case of need application for the relation of this person of enforcement powers of medical or educational nature.

38.3. The body performing criminal procedure shall take measures to compensation of the damage caused by the actions provided by the penal statute.

38.4. Criminal prosecution shall be performed before identification of the circumstances excluding criminal liability, or to the full the state or private prosecutor from criminal prosecution in cases and according to the procedure, established by this Code.

Article 39. The circumstances excluding criminal prosecution

39.1. Criminal prosecution cannot be initiated, and initiated is subject to the termination (including criminal case cannot be brought, and production on the initiated proceedings is subject to the termination) in the following cases:

39.1.1. in case of the absence of evidence of a crime;

39.1.2. in case of absence in act of actus reus;

39.1.3. behind prescription of terms of criminal prosecution (except as specified suspensions of these terms);

39.1.4. if by the time of making of the act provided by the penal statute, his face which made did not reach age on reaching which criminal liability is possible (except for circumstances under which it is necessary to apply enforcement powers of educational nature to this person);

39.1.5. with the death of person which came after making of the act provided by the penal statute (except for circumstances under which rehabilitation of the dead is necessary);

39.1.6. in the presence concerning person on the same accusation of the court verdict which took legal effect or not repealed resolution of other court making impossible criminal prosecution;

39.1.7. in the presence concerning person on the same accusation of not repealed resolution of the investigator, the investigator or the prosecutor on variation of initiation of legal proceedings or on its termination;

39.1.8. in the absence of the claim of the victim (when criminal prosecution is performed according to the procedure of private and public private prosecution without the prosecutor's initiative about initiation of criminal prosecution);

39.1.9. behind conciliation of the victim with the person accused (when criminal prosecution is performed only according to the procedure of private prosecution);

39.1.10. in case of committing by person of the act provided by the penal statute in diminished responsibility condition (except as specified when enforcement powers of medical nature are applied to these persons);

39.1.11. in the presence of the bases for release of person from criminal liability owing to provisions of the penal statute;

39.1.12. if person is subject to release from criminal liability under the act of amnesty.

39.2. The criminal prosecution begun concerning some person stops also behind his non-participation in the committed crime or behind absence of proof of his guilt.

39.3. In the cases provided by Articles 39.1.1., 39.1.2. and 39.2. of this Code, criminal prosecution is recognized the termination on the rehabilitating bases.

Article 40. The circumstances allowing not to perform criminal prosecution

40.1. Availability of the circumstances provided by the penal statute for release from criminal liability and from punishment allows not to perform criminal prosecution.

40.2. Criminal prosecution can be initiated or stopped based on the resolution of the investigator or the investigator approved with the prosecutor in the following cases of release from criminal liability provided by Articles 72. 1, 73. 1, 73-1.3 and 74 Criminal Codes of the Azerbaijan Republic.

 40.3. In case of establishment of the circumstances of release of person from criminal liability provided by Articles 72. 2, 73. 2, 73. 3, 73-1.1 and 73-1.2, and also the Special part of the Criminal code of the Azerbaijan Republic, based on the resolution of the investigator or the investigator approved with the prosecutor criminal prosecution is not initiated or stops.

40.4. In case of establishment of stipulated in Article 73-2 Criminal codes of the Azerbaijan Republic of circumstances of release of person from criminal liability for crimes in the field of economic activity, based on the resolution of the investigator or the investigator approved with the prosecutor criminal prosecution is not initiated or stops. 

40.5. In cases of making of the crimes provided by articles 72-73-2 of the Criminal code of the Azerbaijan Republic in partnership based on Item 2 parts "Note" of article 72 of this Code compensation of the damage caused to the victim and implementation in the government budget of payment by each participant on certain share is allowed during pre-judicial production by the resolution of the investigator or investigator approved with the prosecutor, and during judicial proceedings - the judgment.

Article 41. Procedure for the termination of criminal prosecution

41.1. If at any pre-judicial production phase on criminal prosecution the investigator, the investigator or the prosecutor reveal the circumstances specified in article 39 of this Code, they issue the decree on the termination of criminal prosecution (including about cessation of production on criminal case).

41.1-1. In case of establishment of the bases for application of special confiscation according to provisions of the Criminal code of the Azerbaijan Republic in cases when production on criminal prosecution has to be stopped without the justificatory bases, production on criminal prosecution continues according to the procedure, established by this Code, and comes to the end with removal of the final judgment.

41.2. In the absence of the rehabilitating bases the investigator, the investigator or the prosecutor has no right to issue the decree on the termination of criminal prosecution without the consent of accused (suspect), and also the legal successor and in case it is impossible to establish the legal successor, including in cases, stipulated in Article 106-1.4 of this Code, the defender, the representative of the legal entity concerning whom production on application of criminal legal measures of the died accused (suspect) or person who made the act provided by the penal statute is conducted, but died before its recognition as the person accused (the suspect. In that case production on criminal prosecution continues according to the procedure, established by this Code, and comes to the end with adjudgement, other court order.

41.3. The state prosecutor which revealed in court of circumstance, excluding and allowing not to perform the criminal prosecution specified in Articles 40.3 and 40.4 of this Code criminal prosecution shall declare refusal of criminal prosecution concerning the person accused. In the absence of the justificatory bases the state prosecutor refuses accusation in the person accused relation with the consent of the party of protection. If the private prosecutor continues to hold charges, then the line item of the state prosecutor concerning refusal of criminal prosecution of the person accused does not interfere with continuation of consideration by court of criminal case or other materials connected with criminal prosecution.

41.4. If the circumstances excluding and allowing not to perform criminal prosecution criminal prosecution are revealed by court prior to legal proceedings, the court can suggest the state prosecutor to resolve issue of refusal of criminal prosecution concerning the person accused.

41.5. If the rehabilitating bases excluding criminal prosecution are revealed by court after the beginning of legal proceedings, the court finishes legal proceedings in cases when the state prosecutor and the private prosecutor do not refuse criminal prosecution and pronounces the verdict of not guilty.

41.6. The state prosecutor which revealed the circumstances specified in Article 40.2 of this Code allowing not to perform the criminal prosecution having the right to declare refusal of criminal prosecution concerning the person accused. The line item of the state prosecutor concerning refusal of criminal prosecution does not interfere with the private prosecutor to continue criminal prosecution concerning the person accused.

41.7. The refusal of implementation of criminal prosecution according to the procedure of private prosecution depends only on will of the victim. In that case production according to the claim according to the procedure of private prosecution stops court.

Article 42. Justification bases

42.1. The verdict of not guilty confirming innocence of person in making of the crime charged to it is decided by result of judicial review in the following cases:

42.1.1. absence of evidence of a crime;

42.1.2. absence in act of actus reus;

42.1.3. non-participation of the person accused in the committed crime;

42.1.4. absence of proof of his guilt.

42.2. The verdict of not guilty is decided in the following cases:

42.2.1. on the basis, stipulated in Article 42.1.1. of this Code, if it is proved that incident did not take place, or availability in crime event event is not proved;

42.2.2. on the basis, stipulated in Article 42.1.2. of this Code, if in act of the person accused there is no actus reus or there are circumstances eliminating crime of deeds;

42.2.3. on the basis, stipulated in Article 42.1.3. of this Code, if non-participation of person in making of the crime charged to it is proved or his participation in this act is not proved;

42.2.4. on the basis, stipulated in Article 42.1.4. of this Code, if it is not collected enough proofs of guilt of person or collected proofs confirm its innocence.

Article 43. The bases of the termination of criminal prosecution during legal proceedings

43.1. During legal proceedings the court order about the termination of criminal prosecution concerning the person accused is accepted in the following cases:

43.1.1. in case of refusal of the state prosecutor and private prosecutor of criminal prosecution;

43.1.2. in the presence of the circumstances provided by Articles 39.1.6-39.1. 11, 40.3 and 40.4 of this Code.

43.2. Absence of the private prosecutor, repeated without reasonable excuse, in court session or not the notification of court on reasonable excuse of absence are equivalent on the legal value to refusal of criminal prosecution.

43.3. During legal proceedings the court has the right to pass the decision on the termination of criminal prosecution concerning the person accused, and in the cases provided by Articles 39.1. 3, 39.1.12 and 40.2 of this Code to make it with the consent of the party of protection.

43.3-1. During legal proceedings the termination of criminal prosecution in case, stipulated in Article 39.1.5 of this Code, is allowed with the consent of the legal successor and in case it is impossible to establish the legal successor, including in cases, stipulated in Article 106-1.4 of this Code, the defender of the died person.

43.4. If in case of the termination during legal proceedings of criminal prosecution based on the judgment in connection with refusal of the state prosecutor of criminal prosecution in the cases provided by Articles 39.1.2 and 39.2 of this Code remained not established person who committed crime, after the introduction in legal force of the decision, according to the procedure, provided by provisions of this Code, materials on the criminal case considered by court or materials on the simplified pre-judicial production go to the prosecutor performing procedural management of preliminary inquiry for the solution of question of criminal prosecution of this person.

Article 44. Condemnation bases

44.1. If on body of evidence, researched during legal proceedings, guilt of the person accused in crime is established, the court decides conviction.

44.2. In the absence of the bases to adoption of the verdict of not guilty or resolution on the termination of criminal prosecution specified in Articles respectively 42 and 43 of this Code, the court decides conviction with observance of the following:

44.2.1. in case, stipulated in Article 39.1.3. of this Code, - not assignment of punishment to the person accused;

44.2.1-1. in case, stipulated in Article 39.1.5 of this Code, - not appointment to the died accused (suspect) or person which made the act provided by the penal statute, but died before its recognition as accused (suspect);

44.2.2. in case, stipulated in Article 39.1.11. of this Code, - release of the person accused from the penalty imposed to it;

44.2.3. in case of decision making about non-use of prescription of term of criminal prosecution on provisions of the Criminal code of the Azerbaijan Republic, - appointment to the person accused of punishment;

44.2.4. in all other cases provided by this Code and the penal statute - appointment to the person accused of punishment.

Chapter IV. Conducting production on criminal prosecution

Article 45. Obligation of conducting production on criminal prosecution

45.1. When implementing criminal prosecution the production reflecting its course and results shall be conducted.

45.2. Production on criminal prosecution is reflected in materials on criminal case, materials of the simplified pre-judicial production or claim materials according to the procedure of private prosecution.

45.3. Production on criminal prosecution according to the procedure of public or public private prosecution begins with the moment of initiation of legal proceedings respectively the investigator, the investigator or the prosecutor. According to the claim of rather obvious crime which is not constituting big public danger, the investigator can begin the simplified production and without initiation of legal proceedings.

45.4. Production on criminal prosecution according to the procedure of private prosecution begins with the moment of pronouncement of the relevant resolution by the court which accepted the claim according to the procedure of private prosecution to the production.

45.5. Production on criminal prosecution can be stopped by the resolution of the body performing criminal procedure for the circumstances excluding criminal prosecution on the circumstances allowing not to perform criminal prosecution, and is equal on the circumstances interfering implementation of criminal prosecution.

Article 46. Features of the beginning of production on criminal prosecution in connection with initiation of legal proceedings

46.1. To initiation of legal proceedings on criminal prosecution according to the procedure of public and public private prosecution there shall be corresponding reasons and circumstances.

46.2. The statement of physical person for the committed or preparing crime, the message of the legal entity (official) or mass media or direct detection of such data by the investigator, investigator or prosecutor can be the cause to initiation of legal proceedings.

46.3. The basis to initiation of legal proceedings is availability of the sufficient proofs specifying essential elements of offense. In the presence of the bases to believe making of act in which essential elements of offense are reflected and lack of the circumstances excluding criminal prosecution, the investigator, the investigator or the prosecutor shall bring immediately criminal case within the powers.

46.4. If the chairman in judicial session draws attention of the prosecutor that in case of legal proceedings signs of some crime against justice are established, the prosecutor shall bring immediately criminal case with respect thereto, except for availability of the circumstances excluding criminal prosecution. If in this case the prosecutor accepts the resolution on variation of initiation of legal proceedings, then the chairman if comes to conclusion about illegality and groundlessness of such resolution, can demand from the higher prosecutor of acceptance of necessary measures.

46.5. For immediate initiation of legal proceedings it is enough also availability of circumstances, stipulated in Article 206.2. of this Code. In this case comprehensive, complete and objective preliminary trial before establishment of the following circumstances interfering implementation of criminal prosecution is conducted:

46.5.1. non receipt of the proofs confirming crime event availability;

46.5.2. availability specified in Articles 39.1.4-39.1.7. and 39.1.10 circumstances excluding criminal prosecution of person which only can be accused of making of the act provided by the penal statute;

46.5.3. availability specified in Articles 39.1. 3, 39.1.11 and 39.1.12 of this Code of the circumstances excluding criminal prosecution of any person for making of the act provided by the penal legislation.

Article 47. The bodies performing production on criminal prosecution

47.1. Production on criminal prosecution is carried out by the body performing criminal procedure. Responsibility with respect thereto lays down respectively on the investigator, the investigator, the prosecutor or court in whose production are respectively criminal case, materials on the simplified pre-judicial production or according to the claim according to the procedure of private prosecution.

47.2. Conducting production in connection with establishment of the relations on criminal prosecution with relevant organs of foreign states, and also with accomplishment of instructions of judicial and investigating authorities of these states lays down on the relevant court, the prosecutor and the investigator determined by the legislation of the Azerbaijan Republic and international treaties with participation of the Azerbaijan Republic.

Article 48. Ensuring speed of production on criminal prosecution

48.1. Production on criminal prosecution shall be begun and ended by the investigator, the investigator, the prosecutor or court in the terms provided by this Code so that:

48.1.1. timely receipt and research of proofs was provided;

48.1.2. persons did not wait excessively long for presentation to them of accusation, consideration of the case and recoveries of the violated rights.

48.2. The body performing criminal procedure in each case shall provide the following:

48.2.1. that the person accused concerning whom the measure of restraint in the form of arrest is chosen of house arrest or pledge, after election of measure of restraint before the expiration of the terms provided by Articles 158 and 159 of this Code could appear before the court for establishment of justification of accusation;

48.2.2. that any criminal case from the moment of excitement was taken to court together with the indictment in terms, stipulated in Article the 218th of this Code, or criminal prosecution was stopped;

48.2.3. that any criminal cases which arrived in court, materials on the simplified pre-judicial trial or the claim according to the procedure of private prosecution, and also the claim and protests on the issued sentence and other court orders began to be considered in the terms provided by Articles 298. 2, 301.4, 391.1, 419.3., 426.2. and 427.1. of this Code.

48.3. In terms, stipulated in Article 48.2 of this Code, do not join terms of concealment of the person accused from the body performing criminal procedure, availability of other circumstances serving as the reason of suspension of production on criminal prosecution.

48.4. If person in case of pre-judicial production was under arrest over the term specified in Article 48.2.1 of this Code taking into account provisions of Article 48.3 of this Code, he has the right to monetary compensation for the suffered moral damage. The question of compensation is resolved irrespective of accepted in the matter of the resolution, according to the procedure of civil legal proceedings.

Article 49. Connection of production on criminal prosecution

49.1. In one production only criminal prosecutions on accusation of several persons in partnership in making of one crime or on accusation of one person in making of several crimes can be connected.

49.2. Connection in one criminal case of accusations against persons who committed different crimes, except as specified their partnership in making of some crime or crime execution as a part of organized group is inadmissible.

49.3. In one production the accusations detaining or complicating in other form judicial review of case in view of the large volume of collected materials or large number of persons accused shall not unite.

49.4. In one production the following cases cannot be connected:

49.4.1. excluded

49.4.2. on the accusations connected with concealment of the committed crime or with failure to report about it;

49.4.3. on accusations according to which criminal prosecution is performed on one act according to the procedure of private prosecution, and on another - according to the procedure of public or socially - private prosecution;

49.4.4. on all other accusations which joint consideration can interfere with objectivity of investigation.

49.5. Criminal proceeding can be connected under the resolution of the investigator or prosecutor, and production according to the procedure of private prosecution - according to the court order.

Article 50. Allocation of production on criminal prosecution

50.1. Allocation of production on criminal prosecution is allowed in all cases when it does not interfere with comprehensive, complete, objective and timely trial of all circumstances connected with criminal prosecution, and nature of cases allows their separate consideration.

50.2. If the person who was taking part in making of the act provided by the penal statute, but did not reach age on reaching which criminal liability is possible is subjected to criminal prosecution together with other persons, then production in its relation in case of preliminary trial shall be whenever possible allocated in separate production.

50.3. Allocation of production on criminal prosecution is performed under the resolution of the investigator, prosecutor or court.

Article 51. Obligation of recording of the course and results of legal proceedings on criminal prosecution

51.1 The course and results of legal proceedings on criminal prosecution shall be reflected in the protocol and other written instruments, and also in the negatives of photos, pictures, slides, audio recordings, soundtracks attached to them as their component, video and films, plans, schemes, copies of traces and prints, drawings, electronic and other data carriers.

51.2. Recording of the course and results of legal proceeding on criminal prosecution shall be provided, as a rule, with the body performing criminal prosecution. The protocol on production of legal proceeding on criminal prosecution is constituted during this action or is direct after its termination by person which made action which performs inquiry, the investigator, the prosecutor or other authorized person.

51.3. The protocol of legal proceeding on criminal prosecution can be constituted by hand, printed on the machine or using other technical means, including the electronic equipment. The blank lines and pages in the protocol shall be procherknuta, amendments, deletions and corrections are specially stipulated.

51.4. The documents recording the course and results of legal proceedings on criminal prosecution shall be constituted so that their content was precisely understoodly direct or by means of technical means.

51.5. The protocol on production of legal proceeding, except as specified legal proceedings, is signed by the constituted his face. Further the protocol becomes engrossed in reading of everything to persons who were taking part in production of legal proceeding, and their right to entering into it of the notes and obligation to sign the protocol are explained to these persons as is or together with notes. If any of these persons owing to physical defects and for other reasons is not able to sign the protocol with own hand, then instead of it the protocol is signed by his defender, the legal representative or the representative. In case of refusal person who was taking part in production of legal proceeding from signing of the protocol in the protocol the corresponding mark about it becomes.

51.6. If during production of legal proceeding audio-and other records, photo, video, film and other shootings using technical means are performed, then person making legal proceeding prior to action warns about it all participants. Use of technical means is noted in the protocol on production of legal proceeding, and record or film is sealed and stored together with production materials on criminal prosecution as appendix to the relevant protocol. If audio-and other records, photo, video, film or other films on the course of legal proceeding are heard or seen during production of other legal proceeding, it shall be noted in the protocol on production of the last legal proceeding.

51.6-1. The chairman in judicial session provides continuous audio recording of judicial sessions, informs on audio recording of the party of criminal procedure and other persons who are involved in criminal trial. The protocol of judicial session is constituted according to audio recording of judicial session, and with indication of in the protocol of judicial session of information on audio recording it are applied to it on electronic or other medium. In case of discrepancies between the protocol and audio recording of judicial session preference is given to audio recording of judicial session.

51.7. The protocol of judicial settling is signed by the chairman and the court clerk within 3 (three) days from the date of the end of judicial session. Then the court within 3 (three) days gives opportunity to study the protocol and with the audio recording attached to it to persons having the right to it. If specified persons make written remarks to the protocol, the chairman considers these notes and in case of consent with them confirms them with the signature, and in case of disagreement makes the relevant decision on it. Irrespective of consent or disagreement with notes to the protocol these notes and the decision on them join the protocol of judicial session.

Article 51-1. Conducting criminal trial in electronic procedure

51-1.1. Criminal trial in electronic procedure is conducted through the information system "Electronic Court" according to the procedural rules established by this Code.

51-1.2. Creation, the direction, acceptance by court, participants of criminal procedure and other persons who are involved in criminal trial, procedural documents electronically electronic registration and the electronic circulation of documents are performed according to the rules of use in criminal trial of the information system "Electronic Court" established by relevant organ of the executive authority in coordination with the Supreme Court of the Azerbaijan Republic and the Prosecutor General's Office of the Azerbaijan Republic.

51-1.3. In the information system "Electronic Court" the electronic office providing opportunity to obtain information on the course of trial with participation of participants of criminal procedure and other persons who are involved in criminal trial, the passed decisions, condition of their execution, claims or protests on them, to send and receive procedural documents is created.

51-1.4. For electronic document management in the information system "Electronic Court" the strengthened digital signatures and the certified digital signature facilities are used.

51-1.5. The procedural documents constituted in the form of electronic documents according to the Law of the Azerbaijan Republic "About the digital signature and the electronic document" have the same legal force, as paper documents.

51-1.6. If the participants of criminal procedure and other persons who are involved in criminal trial are registered in courts in which the information system "Electronic Court" is implemented, the court places the procedural documents and other data which are subject to provision to these persons based on of this Code in their electronic offices. These persons are informed on it in electronic procedure (by e-mail and SMS) through the information system "Electronic Court".

51-1.7. Persons provided by Articles 51-1.6 of this Code can direct procedural documents which they have the right to bring into court based on of this Code, through the information system "Electronic Court".

51-1.8. In courts in which the information system "Electronic Court" is implemented the judge places the procedural documents and other data which are subject to representation to the state prosecutor according to this Code in its electronic office created in this system and informs him on it through this system in electronic procedure.

51-1.9. In courts in which the information system "Electronic Court" is implemented the state prosecutor can provide the procedural documents on legal proceedings constituted in electronic form, stipulated in Article 84.6 of this Code, through the information system "Electronic Court" to court.

51-1.10. The court has no right to require submission of the documents submitted through the information system "Electronic Court" according to Articles 51-1.7 - 51-1.9 of this Code, otherwise.

51-1.11. In courts in which the information system "Electronic Court" is implemented the court draws up in electronic form sentence, the decision and other procedural documents accepted according to this Code and in the terms established by this Code for these procedural documents places them in the information system "Electronic Court".

51-1.12. In courts in which the information system "Electronic Court" confirmed with the digital signature of the judge information on substantive provisions of the final decision of court in day of announcement of this decision is implemented takes place in the information system "Electronic Court".

Article 51-2. Implementation of criminal trial with use of system of video conferencing

51-2.1. Legal proceedings in criminal trial can be performed with use of system of video conferencing without direct participation of the suspect or the person accused, the civil claimant, the civil defendant, the victim, the legal successor of the victim and the person accused, the private prosecutor, their legal representatives and representatives, the representative of the legal entity concerning whom production on application of criminal legal measures, the witness, the expert, the specialist, the translator or the convict in the following cases is conducted:

51-2.1.1. in case of need of safety of persons specified in Article 51-2.1 of this Code in case of real threat of their life and to health, and also in need of prevention of impacts on them from the outside;

51-2.1.2. the state of health or other reasonable excuses concerning the other persons specified in Article 51-2.1 of this Code, except for the suspect, the person accused or the convict make impossible their direct participation in the corresponding production;

51-2.1.3. in need of protection of interests of the minor;

51-2.1.4. if as a result of natural or technogenic disasters, epidemics, emergency situations or impact of force majeure of person, specified in Article 51-2.1 of this Code, cannot directly participate in the corresponding production.

51-2.2. Legal proceedings with use of system of video conferencing are performed according to the procedure, provided by this Code, taking into account features, stipulated in Article 51-2 of this Code.

51-2.3. Legal proceedings during judicial proceedings are performed with use of system of video conferencing according to the petition of the parties of criminal procedure or according to the address of other persons specified in Article 51-2.1 of this Code, or on own initiative vessels and only based on the motivated judgment. The court makes the decision on implementation of one or several legal proceedings, and also productions fully or partially with use of system of video conferencing.

51-2.4. Interrogation of persons specified in Article 51-2.1 of this Code during pretrial investigation with use of system of video conferencing is performed under the motivated resolution of the investigator or prosecutor performing procedural management of preliminary inquiry. Persons specified in Article 51-2.1 of this Code can submit the petition for conducting interrogation with use of system of video conferencing. Person interrogated with use of system of video conferencing according to the petition of the parties of criminal procedure can be interrogated repeatedly directly.

51-2.5. Legal proceedings with participation of the suspect or person accused or convict are made with use of system of video conferencing with the consent of this person. In case, stipulated in Article 51-2.1.2 of this Code, in the presence of the medical certificate about inexpediency of direct participation of person in implementation of legal proceeding on state of his health, and also on the motivated judgment in cases, stipulated in Article 51-2.1.4 of this Code, legal proceedings can be made with use of system of video conferencing without receipt of consent of the suspect or the person accused or the convict.

51-2.6. For persons participating in the legal proceedings performed with use of system of video conferencing the corresponding conditions for realization of the rights and fulfillment of duties provided by this Code are created.

51-2.7. When implementing legal proceedings with use of system of video conferencing the used technical means shall provide quality of sound and the image and transfer in real time, respect for transparency and other basic principles and conditions of criminal trial, and also information security.

51-2.8. The video of the legal proceedings performed with use of system of video conferencing is made and by results of legal proceedings according to video the protocol is constituted, and the video joins criminal case on the electronic medium.

51-2.9. If legal proceedings are made according to Article 51-2 of this Code, the place where there will be defender or the representative during video conferencing, is determined by the choice of represented.

51-2.10. The court assigns the organization of execution of the resolution on implementation of legal proceeding with use of system of video conferencing through the chairman of the relevant court in the location of person specified in Article 51-2.1 of this Code to the office of this court, concerning person containing in places of detention or detentions - to administration of the place of arrest or serving sentence, and concerning the serviceman - to command.

51-2.11. The investigator who accepted the resolution stipulated in Article 51-2.4 of this Code, or the prosecutor performing procedural management of preliminary inquiry assigns the organization of execution of the resolution on conducting interrogation with use of system of video conferencing to the investigator or the employee of body of inquiry in the location of person specified in Article 51-2.1 of this Code concerning person containing in places of detention or detentions - on administration of the place of arrest or serving sentence, and concerning the serviceman - on command.

51-2.12. Person to whom the production organization of legal proceeding with use of system of video conferencing is charged, causes person specified in Article 51-2.1 of this Code, according to the procedure, established by this Code, or arrives to the place of its stay. Then he identifies the personality of person specified in Article 51-2.1 of this Code, ensures functioning of the technical tool forming system of video conferencing, records these actions.

51-2.13. In case of need interrogation of the participant of criminal procedure through system of video conferencing because of its absence in the territory of the Azerbaijan Republic the resolution on it accepted by the corresponding investigator, the prosecutor performing procedural management of preliminary inquiry, or court goes for execution in state body of foreign state according to the procedure of rendering legal assistance.

Article 52. Production materials on criminal prosecution

52.1. The documents enclosed as proofs, documents stipulated in Article 51.1. of this Code, and also the decrees issued by the bodies performing criminal procedure and written appeals of the parties of criminal procedure are stored in materials according to criminal case, the expedited pre-judicial production or production according to the claim according to the procedure of private prosecution.

52.2. Each document immediately after familiarizing with materials according to criminal case, the expedited pre-judicial production or production according to the claim according to the procedure of private prosecution is page by page numbered. The body performing criminal procedure shall provide consecutive numbering of these sheets and their sewing together in chronological procedure with materials according to criminal case, the expedited pre-judicial production or production according to the claim according to the procedure of private prosecution.

52.3. Protocols of all investigative actions shall be immediately or, at least, no later than the working day following behind day of production of legal proceeding are registered according to the procedure, established by relevant organs of the executive authority of the Azerbaijan Republic together with the Attorney-General of the Azerbaijan Republic. All procedural resolutions are documents of the strict reporting and are constituted on the numbered forms of special form. Forms of the specified forms are established by relevant organs of the executive authority of the Azerbaijan Republic and the Attorney-General of the Azerbaijan Republic.

52.4. The criminal case file shall be filed in one or several folders on which cover the corresponding entries are made and the list of the documents containing in them is provided.

52.5. Other documents and things which on the amount or nature cannot be stored in the criminal case file are stored separately in quality of their component. The list of the things and documents which are stored separately from the criminal case file shall be attached to these materials.

52.6. Copies of the documents relating to the criminal case file can be removed on the paper certified by the body performing criminal procedure or on the electronic medium.

Article 53. The bases of suspension of production on criminal prosecution

53.1. Production on criminal prosecution can be suspended if:

53.1.1. the face which is subject to attraction as the person accused is not established;

53.1.2. the location of person which is subject to attraction as the person accused is unknown;

53.1.3. person which is subject to attraction as the person accused absconds or vessels;

53.1.4. participation of the person accused in criminal procedure is temporarily impossible in view of his serious illness or stay outside the Azerbaijan Republic;

53.1.5. according to the procedure, established by the law, there was question of deprivation of the right to immunity or of issue by foreign state of person subjected to prosecution for making of the act provided by the penal statute;

53.1.6. in case of the address from court to the Constitutional court of the Azerbaijan Republic behind interpretation of the Constitution and the laws of the Azerbaijan Republic on the questions connected with implementation of human rights and freedoms.

53.1.7. in case of suspension of execution of the resolution by court according to the civil and procedural legislation during criminal prosecution in connection with non-execution of court decrees.

53.2. In case of suspension of production on criminal prosecution also criminal proceeding, the simplified pre-judicial production or production according to the claim according to the procedure of private prosecution stops.

53.3. Production on criminal prosecution can be suspended with observance of the following:

53.3.1. in cases, stipulated in Article 53.1.1. of this Code, - on cases concerning the crimes which are not constituting big public danger - within 1 (one) month from the moment of initiation of proceedings, on cases concerning crimes of small weight, to heavy and especially serious crimes - if from initiation of legal proceedings there passed 2 (two) months;

53.3.2. in cases, stipulated in Article 53.1.2. of this Code, - only after the announcement of search of the person accused;

53.3.3. in cases, stipulated in Article 53.1.3. of this Code, - along with the announcement of search of the person accused;

53.3.4. in the cases provided by Articles 53.1.4.-53.1.6. of this Code, - in the presence of the documents forming the basis for suspension of criminal prosecution: according to the medical certificate of the stationary medical institution confirming serious illness of person, the reference of body of inquiry confirming finding of person outside the Azerbaijan Republic, idea of the Attorney-General of the Azerbaijan Republic of deprivation of person of the right to immunity or court orders about the address to the Constitutional court of the Azerbaijan Republic.

53.3.5. in the presence of the court order about suspension of execution of the resolution in cases, stipulated in Article 53.1.7 of this Code.

53.4. If on criminal prosecution there are two or more persons accused and the bases of suspension of production concern not to all from them, then in case of impossibility of objective trial of production without participation of all persons accused the investigator, the prosecutor or court has the right, having allocated part put in separate production, to suspend it or to suspend all production.

53.5. Before suspension of production on criminal prosecution the body performing criminal procedure shall make all legal proceedings, possible without participation of the person accused, and the investigator, besides, to take all necessary measures to establishment and finding of person who committed crime.

53.6. Production on criminal prosecution remains suspended before elimination of all reasons which are the basis to its suspension. After elimination of these reasons production is resumed under the resolution of the prosecutor, investigator or court.

53.7. The suspended production on criminal prosecution on which persons who committed crime are established stops behind prescription of term of criminal prosecution, except as specified concealment of person which is subject to attraction as the person accused, from the investigation or court of the crime execution providing punishment measure in the form of lifelong imprisonment, making of crimes against the world and humanity and war crimes.

Article 54. Completion of production on criminal prosecution

54.0. Production on criminal prosecution comes to the end:

54.0.1. with entry into force of the resolution on its complete cessation;

54.0.2. with entry into force of sentence or other final judgment according to the criminal case file, the simplified pre-judicial production or production according to the claim according to the procedure of private prosecution if its execution does not require acceptance of special measures;

54.0.3. with confirmation of the appeal to execution of sentence or other final judgment according to the criminal case file, the simplified pre-judicial production or production according to the procedure of private prosecution if its execution requires acceptance of special measures.

Chapter V. Justification (rehabilitation). Compensation of the caused damage

Article 55. Justification of person

55.1. Person whose guilt during judicial review was not proved shall be openly and instantly on the same judicial review is announced by name of the Azerbaijan Republic innocent and acquitted by the court verdict.

55.2. Any person concerning whom the justificatory adjudication is pronounced or concerning which criminal prosecution is stopped on the rehabilitating bases during pre-judicial production is found not guilty.

55.3. The rights to housing, to property, to work and other rights of person concerning which the verdict of not guilty is pronounced or concerning which criminal prosecution is stopped on any bases cannot be limited to anything.

Article 56. Persons having the right to compensation of the caused damage

56.0. Have the right to compensation of the damage caused by mistake or abuse of the body performing criminal procedure:

56.0.1. the person accused who received justification;

56.0.2. person concerning whom criminal prosecution is stopped on the bases provided by Articles 39.1.1., 39.1.2., 39.1.6.-39.1.8., 39.2. of this Code;

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