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LAW OF THE AZERBAIJAN REPUBLIC

On December 29, 1998 No. 610-IQ

About compensation of the damage caused to physical persons as a result of illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court

(as amended on 05-04-2024)

This Law is aimed at providing the right of compensation by the state of the damage caused to physical persons as a result of illegal actions (mistakes, abuses) of bodies of inquiry, pretrial investigation, prosecutor's office and court or officials of these bodies.

Article 1. General provisions

According to provisions of this Law and other legal acts of the Azerbaijan Republic in the territory of the Azerbaijan Republic bodies of inquiry, pretrial investigation, prosecutor's office and court of the Azerbaijan Republic as a result of mistakes or abuses:

1) subjection to criminal prosecution of person concerning which the justificatory judgment is passed;

2) subjection to criminal prosecution of person concerning which criminal offense on the bases provided in Articles 39.1 is suspended. 1, 39.1.2, 39.1.6-39.1.8 and 39.2 of the Code of penal procedure of the Azerbaijan Republic;

3) not the termination of timely criminal prosecution of person concerning which it is necessary to stop criminal prosecution on the bases provided in Articles 39.1. 3, 39.1.4, 39.1.10 and 39.1.11 of the Code of penal procedure of the Azerbaijan Republic;

Continuation of criminal prosecution of person concerning which it is necessary to stop criminal prosecution on the bases provided in Article 39.1.12 of the Code of penal procedure of the Azerbaijan Republic without watching 4) even at receipt of permission to it from person;

5) illegal arrest of person, the violent placement to medical or educational institution, and also detention longer than the established time in the absence of legal causes;

6) illegal subjection of person to the measures of procedural need provided in Articles 176 and 177 of the Code of penal procedure of the Azerbaijan Republic during production on criminal prosecution;

7) carrying out concerning person of investigation and search operations;

8) application concerning person in the form of administrative punishment of social jobs, administrative detention or penalty, shall be compensated.

The damage caused in the cases provided by the first part of this Article is compensated completely, irrespective of fault of officials of bodies of inquiry, pretrial investigation, prosecutor's office and court.

Article 2. The legislation on compensation of the damage caused to physical persons as a result of illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court

The legislation on compensation of the damage caused to physical persons as a result of illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court consists of the Constitution of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic and international treaties supported by the Azerbaijan Republic.

In case of contradictions between the rules specified in this Law and other legal acts of the Azerbaijan Republic, and the rules provided in the international treaties supported by the Azerbaijan Republic provisions of international treaties are applied. Cannot be determined by the acts which are valid the Law adopted in the field of compensation of the damage caused to physical persons as a result of illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court for state bodies, physical persons and legal entities of power and obligation, not following from this Law.

Article 3. Law enforcement in case of application of the Law

For the purpose of timely identification, suppression and elimination of violations of the rights and legitimate interests of physical persons, public and state interests by the state in the procedure established by the Law exact and uniform execution of the legislation on compensation of the damage caused to physical persons as a result of illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court is provided.

Article 4. The right to compensation of the caused damage

The right to compensation of the caused damage in the cases, amount and procedure determined by this Law arises:

1) in case of pronouncement of the verdict of not guilty;

2) in case of decision about the termination of criminal prosecution;

3) in case of diversion about administrative offense.

The right to compensation of the damage caused as a result of conducting the investigation and search operations specified in article 1 of this Law before initiation of legal proceedings arises right after holding these actions. In case of the death of person having rights to compensation of the caused damage, the right to compensation passes to his heirs according to the procedure, established by the legislation of the Azerbaijan Republic.

Article 5. The indemnified loss

In cases, the stipulated in Article 1 this Law, to each person shall be compensated:

1) the deprived salary, pension, benefit and other income;

2) the property damage caused by confiscation, the direction for benefit of the state, withdrawal from investigating bodies, seizure;

3) the paid court costs and also paid or penalties withheld during execution of sentence;

4) the amounts paid in connection with rendering legal assistance;

5) the caused physical and moral damage shall be compensated.

The amounts spent for issue of payment for the performed obligatory work during detention, court costs detention cannot be withheld from the amounts provided for compensation of damage caused to person as a result of mistakes or abuses of bodies of inquiry, pretrial investigation, prosecutor's office or court.

Article 6. Procedure for compensation of the damage caused as a result of illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court to property of person

Compensation of the damage caused in cases, the stipulated in Article 5 these Laws is performed at the expense of means of the government budget.

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