On June 29, 2001 No. 163-IIG
About legal assistance on criminal cases
Rendering legal assistance on criminal cases (further - "legal assistance") is regulated by the Constitution of the Azerbaijan Republic, the criminal procedure legislation of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic and international treaties supported by the Azerbaijan Republic.
2.1. The legal assistance consists in implementation according to provisions of this Law of the corresponding actions connected with the crime investigated in case of representation of request by the relevant competent authority or which is in judicial review of the requesting foreign state.
2.2. In the absence of the relevant contract on rendering legal assistance between the Azerbaijan Republic and the requesting foreign state, or in the part which is not contradicting this agreement on the questions which are not settled by the relevant agreement provisions of this Law are applied.
2.3. According to the purposes of article 2.1 of this Law rendering legal assistance consists of the following actions performed according to the procedure, established by the legislation of the Azerbaijan Republic:
2.3.1. taking evidence and explanations;
2.3.2. submissions of court documents;
2.3.3. implementation of search or withdrawal;
2.3.4. carrying out examination of objects, residential or other sites;
2.3.5. provisions of materials, data or physical evidences;
2.3.6. submissions of expert opinions;
2.3.7. provisions of originals or the copies of documents approved in the appropriate order, including bank and financial records;
2.3.8. identifications or residences;
2.3.9. implementation of search concerning property or seizure of property;
2.3.10. establishments of income gained in the criminal way, the property used for crime execution of means;
2.3.11. implementation according to the legislation of the Azerbaijan Republic of other actions.
2.4. Provisions of this Law are not applied in the following cases:
2.4.1. criminal prosecutions or issues of person for execution of the penalty imposed by court;
2.4.2. arrest or detention of person for the purpose of issue;
2.4.3. providing in the Azerbaijan Republic execution of the decisions passed by courts of the requesting foreign state;
2.4.4. delivery of the convict to the state whose citizen he is, for serving sentence.
2.5. Provisions of this Law do not extend to questions of cooperation with the international judicial authorities.
3.1.1. in the presence of good causes for the assumption that rendering legal assistance will cause damage to sovereignty, safety and other important interests of the Azerbaijan Republic;
3.1.2. in case of idea of request of rendering legal assistance in connection with the actions recognized by the Azerbaijan Republic crime of political nature;
3.1.3. in case of idea of request of rendering legal assistance concerning crime against military service;
3.1.4. in case of idea of request of rendering legal assistance in connection with the action which is not considered according to the legislation of the Azerbaijan Republic as crime;
3.1.5. in the presence of good causes for the assumption that the request about rendering legal assistance is provided for the purpose of prosecution of person in connection with its race, nationality, religion, language, nationality, political views or floor;
3.1.6. in case of idea of request of rendering legal assistance concerning the crime investigated or which is in judicial review in the Azerbaijan Republic and in the absence of possibility of adjournment of execution of this request;
3.1.7. if request form and content about rendering legal assistance do not meet the requirements of article 4 of this Law.
3.2. To the requesting foreign state the answer about the bases of refusal of rendering legal assistance goes.
3.3. If the legal assistance interferes with the investigation or judicial review conducted on criminal case in the Azerbaijan Republic, rendering such help can be postponed.
Before adjournment of legal assistance the question of its rendering according to the conditions established by relevant organ of the executive authority of the Azerbaijan Republic can be considered. The legal assistance can be given if the requesting state agrees with these conditions.
4.1. In request about the rendering legal assistance provided in writing by competent authority of foreign state to relevant organ of the executive authority of the Azerbaijan Republic the following shall be specified:
4.1.1. the name of competent authority of the requesting foreign state;
4.1.2. the name of the relevant competent authority performing the investigation connected with request, the investigation or judicial review;
4.1.3. subject and content of request;
4.1.4. actus reus signs, the description of the facts and qualification of action, the text of the corresponding penal statute of the requesting foreign state;
4.1.5. surname, name, middle name of person concerning whom submission of documents, and data on its residence is requested;
4.1.6. other data for consideration of request on rendering legal assistance;
4.1.7. the information about the personality and residence of person concerning which receipt of data and physical evidences is required;
4.1.8. the information about the identity of person whose establishment of the place of stay is demanded, and about the expected place of its stay;
4.1.9. the description of the place which is subject to search or persons, and also subject to withdrawal of physical evidences (objects);
4.1.10. the list of the questions which are subject to presentation to person;
4.1.11. the amount which is subject to issue to person called in foreign state, and data on expense recovery.
4.2. If necessary for rendering legal assistance the relevant organ of the executive authority of the Azerbaijan Republic can demand additional data.
5.1. The relevant organ of the executive authority or other competent authority of the Azerbaijan Republic solves query about rendering legal assistance according to the procedure, stipulated by the legislation the Azerbaijan Republic.
5.2. If the relevant organ of the executive authority or other competent authority of the Azerbaijan Republic has no powers for consideration of request about rendering legal assistance, he sends this inquiry to competent authority and notifies on it competent authority of foreign state.
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