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Code of Criminal Procedure of the Azerbaijan Republic (2000) (excerpts related to Fair trial) (English)
[Excerpts]
Code of Criminal Procedure
of the Azerbaijan Republic
Adopted on 14 July 2000
Article 4. Temporal scope of legislation on criminal procedure
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4.2. There shall be no retroactive effect of the provisions of the legislation on criminal procedure of the Azerbaijan Republic which limit the rights of parties to criminal proceedings.
4.3. During the trial, evidence shall be ruled admissible in accordance with the provisions of the legislation on criminal procedure of the Azerbaijan Republic which is in force at the time. If newly adopted provisions of the legislation on criminal procedure of the Azerbaijan Republic substantially change the conditions under which evidence is ruled admissible, evidence which is not in accordance with the new provisions may not be used in support of the charge.
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Article 11. Equality before the law and the courts
11.1. Criminal proceedings in the Azerbaijan Republic shall be carried out on the basis of the equality of all persons before the law and the courts.
11.2. The judicial authorities may accord no advantage to any participant in the criminal proceedings regardless of citizenship, social status, gender, race, ethnicity, political and religious affiliation, language, origin, property situation, work situation, beliefs, dwelling place, place of origin or of any other reasons which are not based on law.
11.3. The characteristics of criminal prosecution of the President of the Azerbaijan Republic, the Prime Minister of the Azerbaijan Republic and the 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. Guarantee of the human and civil rights and liberties established by the Constitution
12.1. The judicial authorities shall observe the human and civil rights and liberties afforded by the Constitution to all participants in criminal proceedings.
12.2. The victim of a criminal act shall have the right to demand criminal prosecution, to take part in it as a victim or as a victim bringing a private prosecution and to obtain compensation for non-material, physical and material damage as required by this Code.
12.3. During criminal proceedings everyone shall have the right to defend their rights and liberties as set down by the Constitution in any manner not prohibited by law.
12.4. Decisions on the temporary limitation of the rights and liberties provided for in the Constitution in connection with the application of coercive procedural measures may be taken only in case of necessity, in accordance with this Code.
12.5. It shall be prohibited to use methods and means that may threaten life and health or the environment during criminal prosecution.
12.6. The judicial authorities shall not conceal facts that threaten life, health or the environment.
Article 13. Respect for the honour and dignity of the person
13.1. It shall be prohibited to take decisions or allow acts during the criminal prosecution which debase the honour and dignity of the person or may threaten the life and health of the participants in the proceedings.
13.2. During a criminal prosecution nobody shall:
13.2.1. be subjected to treatment or punishment that debases human dignity;
13.2.2. be held in conditions that debase human dignity;
13.2.3. be forced to participate in carrying out procedures that debase human dignity.
Article 14. Guarantee of the right to liberty
14.1. The right to liberty may be limited only in cases of detention, detention on remand or imprisonment in accordance with the law.
14.2. Nobody may be detained or arrested other than on the grounds provided for in the Code and other laws of the Azerbaijan Republic.
14.3. Only a court decision shall permit the detention on remand of a person or placement in a medical or care institution by force.
14.4. The person detained or arrested shall be immediately informed of the reasons for detention or arrest, the nature of the suspicion or charge and his right not to give a statement and to seek legal aid from defence counsel.
14.5. The preliminary investigator, investigator, prosecutor or judge shall immediately release any person illegally taken into custody or arrested.
Article 15. Guarantee of the right to inviolability of the person
15.1. Search and personal examination and other procedures which breach the right to inviolability of the person may not be carried out against the will of the person concerned or his legal representative without a court decision except in cases of detention and arrest.
15.2. During the criminal prosecution the following shall be prohibited:
15.2.1. the use of torture and physical and psychological force, including the use of medication, withdrawal of food, hypnosis, deprivation of medical aid and the use of other cruel, inhuman or degrading treatment and punishment;
15.2.2. the imposition of long-term or severe physical pain or acts which are detrimental to health, or any similar ill-treatment;
15.2.3. taking evidence from victims, suspects or accused persons or from other participants in the criminal proceedings using violence, threats, deceit or by other unlawful acts which violate their rights.
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Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence
19.1. During the criminal prosecution the preliminary investigator, investigator, prosecutor and court shall take measures to guarantee the right of the victim, the suspect and the accused to proper legal aid.
19.2. During the criminal proceedings the prosecuting authority shall secure the right of the victim (victim bringing a private prosecution), the civil party or his legal representative, the legal representative of the suspect or accused and the defendant to the civil claim to use the legal aid of the representatives invited by them.
19.3. During the questioning of the victim or witnesses, the prosecuting authority may not prevent the lawyer invited by them as their representative from accompanying them.
19.4. The prosecuting authority shall secure the following rights of the suspect or accused:
19.4.1. to have the assistance of the counsel for the defence from the moment of detention or arrest, as the suspect before the first interrogation or as the accused as soon as charges have been laid;
19.4.2. to explain his rights;
19.4.3. to give him adequate time and opportunity to prepare his defence;
19.4.4. to be able to defend himself in person or with the aid of counsel for the defence chosen by him or, if unable to pay for defence counsel, to receive free legal aid;
19.4.5. to interrogate any witness against him.
19.5. The prosecuting authority shall involve the legal representative of the suspect or the accused in the manner provided for in this Code.
19.6. The presence of counsel for the defence or the legal representative of the suspect or the accused at the criminal proceedings may not limit the rights of the suspect or the accused.
19.7. The suspect or the accused may not be forced to give evidence, to give the prosecuting authority any documents or to assist them in any way.
Article 20. Incrimination of the suspect and his relatives
20.1. Nobody may be forced to testify against himself or his close relatives, or be prosecuted on this basis.
20.2.. During the investigation or court hearing, a person asked to give information which may incriminate him and his close relatives in respect of an offence shall have the right to refuse to incriminate them without fear of negative legal consequences for himself.
Article 21. Presumption of innocence
21.1. Any person suspected of committing an offence shall be found innocent if his guilt is not proven in accordance with this Code and if the court has not delivered a final judgment to that effect.
21.2. Even if there are reasonable suspicions as to the guilt of the person, this shall not cause the latter to be found guilty. The accused (the suspect) shall receive the benefit of any doubts which cannot be removed in the process of proving the charge in accordance with the provisions of this Code, within the appropriate legal proceedings. He shall likewise receive the benefit of any doubts which are not removed in the application of criminal law and criminal procedure legislation;
21.3 The accused shall not be obliged to prove his innocence. It shall be for the prosecution to prove the charge or to refute the evidence given in defence of the suspect or the accused.
Article 22. Guarantee of the right to a court hearing
The judicial authorities shall secure the right of everyone to a fair and open court hearing in connection with the charges against them or the coercive procedural measures applied. The right to a court hearing may not be refused for any reason.
Article 23. Criminal trial only by a court
23.1. The criminal trial shall be carried out only by the competent court as part of the court system of the Azerbaijan Republic. No one may be held guilty of an offence or be convicted in the absence of a court judgment.
23.2. The creation of special courts and the appropriation of court powers shall be prohibited and shall entail liability under the legislation of the Azerbaijan Republic.
23.3. Judgments and other decisions by special or other illegally created courts shall not be valid and shall not be implemented.
Article 24. Criminal trial with the participation of representatives of the people
24.1. The accused shall have the right to demand that justice be administered by a jury trial as provided for in Article 359 of this Code.
24.2. To secure the right provided for in Article 24.1 of this Code, the court of first instance shall summon citizens of the Azerbaijan Republic to serve as jurors to administer justice in criminal cases.
Article 25. Independence of judges and jurors
25.1. Judges and jurors shall be independent and shall obey only the legislation of the Azerbaijan Republic.
25.2. Judges and jurors shall not be bound by the conclusions reached the prosecuting authorities during the investigation.
25.3. Judges and jurors shall decide criminal cases and other prosecution matters in accordance with their conscience and legal opinions, on the basis of their examination of the evidence adduced by the parties to the criminal proceedings.
25.4. The courts of the Azerbaijan Republic shall administer justice under conditions that exclude unlawful influence on the independence and will of judges and jurors.
25.5. Nobody shall have the right to interfere in administering justice or to ask judges or jurors to give explanations of the criminal cases or other prosecution material before them.
25.6. No one may, for any reason, place restrictions on court proceedings in a direct or indirect way, illegally influence, threaten or interfere with them, or show disrespect or act carelessly towards the court. Persons behaving in such manner shall be liable under the legislation of the Azerbaijan Republic.
Article 26. The language used in criminal proceedings
26.1. Criminal proceedings in the courts of the Azerbaijan Republic shall be conducted in the official language of the Azerbaijan Republic or in the language of the majority of the population in the relevant area.
26.2. In the event that the parties do not know the language used in court, the judicial authority shall guarantee the following rights to them:
26.2.1. their right to use their mother tongue;
26.2.2. the right to use the services of an interpreter free of charge during the investigation and court hearings, to be fully familiar with all documents relating to the case and criminal prosecution and to use their mother tongue in court.
26.3. The rights of parties who do not know the language used in criminal proceedings, as provided for under Article 26.2.2 of this Code, shall be secured at the expense of the budget of the Azerbaijan Republic.
26.4. The judicial authority shall provide the relevant persons with the necessary documents in the language used during the trial.
Article 27. Public nature of criminal proceedings
27.1. While safeguarding state, professional, commercial, personal and family secrets in accordance with this Code, court hearings in criminal cases and on other prosecution material shall be held publicly in all courts of the Azerbaijan Republic.
27.2. Court hearings in criminal cases and on other prosecution material may not be held in absentia, except in the circumstances provided for by this Code.
27.3. In all cases court decisions given during the proceedings shall be made public.
Article 28. The objectivity, impartiality and justice of criminal proceedings
28.1. Courts shall hear criminal cases and other prosecution matters in accordance with the legal procedures established by this Code, on the basis of the facts and of impartiality and justice.
28.2. In the course of the proceedings, judges may not express interests other than those of the law.
28.3. If a judge or juror is personally interested in the results of the criminal proceedings in a direct or indirect way, he shall not be permitted to take part in the hearing of a criminal case or examination of other prosecution material.
28.4. During the criminal proceedings, courts shall perform the following functions:
28.4.1. ensure that the parties to the proceedings are able to examine thoroughly, fully and objectively all the circumstances relating to the prosecution;
28.4.2. take into consideration circumstances which incriminate or exonerate the suspect or accused as well as circumstances which mitigate or aggravate his criminal responsibility;
28.4.3. examine applications presented by the suspect or the accused or by their counsel for the defence concerning their innocence or minimal guilt and the availability of evidence which exonerates them or mitigates their responsibility;
28.4.4. examine complaints alleging breach of law during the criminal proceedings;
28.4.5. guarantee the right of the parties to criminal proceedings to participate.
28.5. The court decision regarding the guilt of the person charged may not be based on opinion but shall be supported by all the reliable evidence concerning the case.
28.6. The rules concerning the administration of justice may not be unilaterally altered for different cases and persons or in particular circumstances or at given times.
Article 29. Examination by the appropriate court
29.1. Nobody may be deprived of the right to have his case examined by the court with statutory jurisdiction in the matter. The case may not be heard in another court without the permission of the person concerned.
29.2. It shall be prohibited to change the jurisdiction of the court as provided for in this Code or to groundlessly withdraw the case from the judge designated by law.
Article 30. Restriction on the judge’s participation in the criminal proceedings
30.1. A judge who has taken part in the criminal proceedings in a court of first instance or appeal or in the Supreme Court may not take part in a further court hearing.
30.2. In cases provided for in Article 109 of this Code, the judge shall withdraw, or be debarred from, examining criminal cases and other prosecution material.
Article 31. Inadmissibility of non-procedural ties in criminal proceedings
Non-procedural ties other than those provided for by this Code shall not be allowed between members of the court and participants in criminal proceedings or between courts of first instance, appeal courts or the Supreme Court in connection with the examination of criminal cases and other prosecution material.
Article 32. Participation of both sides in criminal proceedings
32.1. In the Azerbaijan Republic the conduct of criminal proceedings shall be based on the adversarial principle.
32.2. In order to guarantee participation of both sides in criminal proceedings in accordance with this Code:
32.2.1. Each party shall be represented in court;
32.2.2. Each party shall have equal rights and opportunities to defend its position;
32.2.3. The prosecution shall seek to prove the criminal act, the ingredients of the statutory offence, the involvement of the accused in committing this offence and the possible criminal responsibility of the accused, and shall offer suggestions as to the legal classification of the accused person’s act and the final decision of the court;
32.2.4. The defence shall refute the prosecution’s arguments concerning the criminal charge, draw the attention of the judicial authority to the circumstances which preclude or mitigate criminal responsibility and offer suggestions as to the legal classification of the accused person’s act and the final decision of court;
32.2.5. Each party shall independently choose its own position and determine its means and methods;
32.2.6. The court shall assist in obtaining any additional documents required at the request of each party in the criminal proceedings;
32.2.7. The court judgment shall be based only on the evidence secured and examined with the equal participation of the parties;
32.2.8. The public prosecutor and the victim bringing a private prosecution shall conduct or withdraw the prosecution;
32.2.9. The accused shall be free to deny his guilt or to plead guilty;
32.2.10 The civil party may withdraw his claim or sign a reconciliation agreement with the defendant to his claim;
32.2.11 The defendant to the civil claim may admit the claim or sign a reconciliation agreement with the civil party.
Article 33. Assessment of evidence in criminal proceedings
33.1. During the proceedings the judges and jurors shall assess the evidence collected on the criminal case in accordance with the requirements of this Code.
33.2. In the course of the proceedings the provisions of Articles 125,144 and 145 of this Code may not be violated.
33.3. No advance decision shall be taken on any evidence or other material in the criminal proceedings.
33.4. Judges and jurors may not regard evidence or other materials unfavourably, or attach more importance to one piece of evidence or other item than to another, until they are examined under the statutory procedure.
Article 34. Nobody may be convicted for the same offence twice
34.1. Nobody may be convicted for the same offence twice.
34.2. If the public prosecutor or the victim bringing a private prosecution, as the case may be, voluntarily drops the criminal charges in court in the circumstances envisaged by Article 41 of this Code, the same person may not be charged again with the same offence (except where new facts are discovered).
34.3. If a final judgment has been given on the commission of an offence, it shall be prohibited to bring the same criminal prosecution twice for the same offence, to change the charge to a more serious one or to increase the penalty.
Article 35. Guarantee of the right to re-apply to a court
35.1. A party to criminal proceedings shall have the right to complain to a higher court, in accordance with this Code, against the procedural decisions and acts of the court dealing with the criminal case or other prosecution material.
35.2. Any person convicted shall enjoy the following rights when complaining to a higher court:
35.2.1. to request a retrial, alleging that the judgment was unlawful or groundless;
35.2.2. to request a reduction of the penalty to which he was sentenced.
35.3. The rights of the person convicted as provided for in Articles 35.1 and 35.2 of this Code may not be restricted.
Article 36. Guarantee of the restoration of the violated rights of an acquitted person
36.1. During criminal proceedings, the prosecuting authority shall guarantee the right of persons covered by Articles 55 and 56 of this Code to have their violated rights and liberties restored and to claim damages.
36.2. The rights of persons who have suffered injury as a result of misuse of official powers or a criminal offence and persons convicted without grounds, unlawfully arrested or whose rights were otherwise limited during criminal proceedings shall be restored in accordance with this Code and other laws of the Azerbaijan Republic.
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Article 90. The suspect
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90.2. The prosecuting authority shall be empowered to detain a suspect for the following periods:
90.2.1. persons detained: no more than 48 hours;
90.2.2. a suspect about whom a choice of restrictive measure has been made, excluding arrest, bail and house arrest: no more than 10 days after the announcement of the decision.
90.3. Before the end of the period provided for in Article 90.2. of this Code, the prosecuting authority shall release the suspect and end the restrictive measure or take a decision to charge him.
90.4. If there are not sufficient grounds for suspicion, the prosecuting authority or the court shall release the suspect and end the restrictive measure before expiry of the periods laid down in Article 90.2 of this Code.
90.5. From the time of release, ending of the restrictive measure or when the decision is taken to bring charges, the person concerned shall cease to be considered as the suspect.
90.6. The preliminary investigator, investigator or prosecutor in charge of the criminal prosecution shall guarantee the suspect's rights, and shall not prevent him from using all lawful means of exercising his defence rights.
90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code:
90.7.1. to know what he is suspected of (the nature of the suspicion – factual description and legal classification of the offence of which he is accused);
90.7.2. to know the grounds for detention, if detained, to receive legal aid from the defence counsel from the outset of detention, and to receive written notification of his rights from the person who detained him or the preliminary investigator, investigator or prosecutor;
90.7.3. to receive a copy of the decision on his detention or on the choice of restrictive measure;
90.7.4. to take cognisance the record of detention immediately after it is drawn up and to make observations, which must be appended to the record;
90.7.5. to have access to defence counsel from the time of the decision on detention or on the choice of restrictive measure;
90.7.6. to inform his family, relatives, home or workplace (or place of study) immediately after he is detained, by telephone or other means;
90.7.7. to choose his defence counsel independently, to dismiss him and to conduct his own defence if he waives the right to defence counsel;
90.7.8. to have unlimited opportunity and time to meet his defence counsel in private and in confidence;
90.7.9. to have the help of defence counsel free of charge and, at his own request, to make statements with his defence counsel present;
90.7.10. to give statements, not to incriminate himself or his relatives and in general to refuse to give a statement;
90.7.11. to give statements in his mother tongue or a language he knows;
90.7.12. to have the help of an interpreter free of charge;
90.7.13. to raise objections and to submit applications;
90.7.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another article of this Code;
90.7.15. to participate in investigative or other procedures conducted at his own request with the aid of his defence counsel;
90.7.16. to present evidence and other materials for inclusion in the case file;
90.7.17. to object to the acts of the prosecuting authority and to have such objection placed on the record of the investigative or other procedures;
90.7.18. to acquaint himself with the record of the investigative and other procedures in which he participates, to make observations about the accuracy and completeness of the written record; to require the inclusion of the necessary circumstances in the record while taking part in investigative and other procedures;
90.7.19. to be informed by the prosecuting authority of its decisions which affect his rights and legal interests and, on request, to receive copies of those decisions;
90.7.20. to complain against decisions and acts of the preliminary investigator, investigator, prosecutor or court as well as to withdraw his own complaint and that of his defence counsel;
90.7.21. to be reconciled with the victim;
90.7.22. to be reimbursed for the costs incurred during the proceedings and to receive compensation for prejudice incurred as a result of unlawful acts by the prosecuting authority;
90.7.23. to be acquitted if the suspicion is not confirmed;
90.7.24. to exercise the other rights provided for in this Code.
90.8. If the suspect independently conducts his own defence, he shall exercise all the rights of defence counsel as provided for in this Code, as far as is possible in his position.
90.9. Whether the suspect exercises his rights or declines to do so, he shall not thereby suffer prejudice or detriment. Except where he intentionally names a person in the knowledge that he was unconnected with the offence, no liability shall accrue to the suspect on account of his statements and explanations.
90.10. The rights of the suspect shall be exercised by his legal representative in accordance with this Code if the suspect is under age or lacks legal capacity.
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Article 91. The accused
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91.4. The investigator, prosecutor or court shall guarantee the rights of the accused, shall not prevent him from exercising his right of defence by all lawful means and methods and, if he so requests, shall allow him sufficient time for the preparation of his defence.
91.5. The accused shall exercise the following rights in accordance with this Code:
91.5.1. to know what he is accused of (content, factual description and legal classification of the charge) and to receive a copy of the corresponding decision immediately after the charge is brought, the accused is remanded in custody or the decision on the choice of restrictive measure is announced;
91.5.2. to receive written notification of his rights from the person who detained or arrested him or from the preliminary investigator, investigator or prosecutor;
91.5.3. to acquaint himself with the record of detention and arrest immediately after it is drawn up and to make observations for inclusion in the record;
91.5.4. to have defence counsel from the time of the arrest or the announcement of the charge;
91.5.5. to have the help of defence counsel free of charge;
91.5.6. to inform his family, relatives, home, workplace or place of study immediately after detention, by telephone or other means;
91.5.7. to choose his defence counsel independently, to dismiss counsel and to conduct his own defence if he waives the right to defence counsel;
91.5.8. to have unlimited opportunities and time to meet his defence counsel in private and in confidence;
91.5.9. to be questioned at his own request with his defence counsel present;
91.5.10. to give statements, not to incriminate himself or his relatives and in general to refuse to testify as well as to give or refuse to give statements concerning the charge against him;
91.5.11. to give statements in his mother tongue or in a language he knows;
91.5.12. to have the help of an interpreter free of charge;
91.5.13. to raise objections and to submit applications;
91.5.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another provision of this Code;
91.5.15. to participate in investigative or other procedures conducted at his own request with the help of his defence counsel;
91.5.16. to present evidence and other material for inclusion in the case file and examination by the court;
91.5.17. to plead guilty or not guilty;
91.5.18. to object to the acts of the prosecuting authority and to have such objections noted in the records of investigative and other procedures;
91.5.19. to acquaint himself with the records of investigative or other procedures in which he takes part, to make observations on the accuracy and completeness of the written record, and when participating in investigative or other procedures and in court hearings, to require the inclusion of the necessary circumstances in the appropriate record;
91.5.20. to take cognisance of decisions on expert reports and of the experts’ opinions;
91.5.21. to take cognisance of documents presented to the court by the prosecuting authority confirming that the arrest and detention on remand are lawful and justified;
91.5.22. to take cognisance of the case file from the end of the investigation or the discontinuation of the criminal proceedings and to make copies of the necessary documents relating to it;
91.5.23. to object to the discontinuation of the criminal proceedings without grounds of acquittal;
91.5.24. to demand a public hearing within a reasonable time;
91.5.25. to participate in court hearings at first instance and on appeal and in the examination of the case file;
91.5.26. to participate in the selection of jurors in the court hearing at first instance;
91.5.27. when conducting his own defence, to make an introductory statement (pleading either guilty or not guilty of the charge against him and stating whether or not he recognises the civil claim), to speak and to reply at hearings of first instance and appeal courts;
91.5.28. to make a final statement in court;
91.5.29. to be informed by the prosecuting authority of the decisions which affect his rights and legal interests and, on request, to receive copies of those decisions, including those concerning the choice of restrictive measure, the conduct of investigative or other coercive procedural measures, the charging of the accused and the announcement of the charge, and copies of the indictment, civil claim, judgment, other final decisions of the court and complaints and appeals to the appeal courts and the Supreme Court;
91.5.30. to lodge complaints against the decisions and acts of the preliminary investigator, investigator or prosecutor;
91.5.31. to appeal against the judgment and other decisions of the court to the court of appeal and the Supreme Court, or to the latter on additional appeal, and to receive copies of those decisions;
91.5.32. to acquaint himself with the record of the court hearing and to add observations to it;
91.5.33. to withdraw any complaint lodged by himself or his defence counsel;
91.5.34. to be reconciled with the victim;
91.5.35. to express objections to circumstances made known to him through information brought to his attention by the prosecuting authority or through complaints made by the other parties to the criminal proceedings;
91.5.36. to participate in appeal court hearings and Supreme Court hearings on appeal, on additional appeal and on the basis of newly discovered facts, further to a complaint of his own, if he is not held on remand and if he objects to a complaint by another party to the proceedings and to take part in the court’s examination of the case file;
91.5.37. to be informed of appeals and complaints relating to the case and to raise objections to them;
91.5.38. to express opinions on applications and suggestions by other parties to the criminal proceedings as well as on matters being decided by the court;
91.5.39. to object to unlawful acts of the opposite party to the criminal proceedings;
91.5.40. to be reimbursed for costs incurred during the proceedings and receive compensation for prejudice caused by unlawful acts of the prosecuting authority;
91.5.41. to be acquitted if the charge is not proved;
91.5.42. to exercise the other rights provided for in this Code.
91.6. When independently conducting his own defence, the accused shall exercise all the rights of his defence counsel as provided for in this Code, as far as is possible in his position.
91.7. The accused’s exercise of or refusal to exercise his rights shall not cause him to suffer prejudice or detriment. Except where he intentionally names a person in the knowledge that he was unconnected with the offence, no liability shall accrue to the accused on account of his statements and submissions.