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Code of Criminal Procedure of the Azerbaijan Republic

Adopted on 14 July 2000


General Part

FIRST SECTION

Main Provisions

Chapter I

Legislation on criminal procedure

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

Article 2. Sources of the legislation on criminal procedure of the Azerbaijan Republic

Article 3. Territorial scope of legislation on criminal procedure

Article 4. Temporal scope of legislation on criminal procedure

Article 5. Legislation on criminal procedure as it relates to foreign citizens and stateless persons

Article 6. Compliance with the requirements of legislation on criminal procedure

Article 7. Principal concepts of legislation on criminal procedure

Chapter II

Purposes and basic principles of criminal proceedings

Article 8. Purposes of criminal proceedings

Article 9. Basic principles and conditions governing criminal proceedings

Article 10. Legislation

Article 11. Equality before the law and the courts

Article 12. Guarantee of the human and civil rights and liberties established by the Constitution

Article 13. Respect for the honour and dignity of the person

Article 14. Guarantee of the right to liberty

Article 15. Guarantee of the right to inviolability of the person

Article 16. Guarantee of the right to inviolability of private life

Article 17. Guarantee of the right to inviolability of domicile

Article 18. Guarantee of the right to property

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

Article 20. Incrimination of the suspect and his relatives

Article 21. Presumption of innocence

Article 22. Guarantee of the right to a court hearing

Article 23. Criminal trial only by a court

Article 24. Criminal trial with the participation of representatives of the people

Article 25. Independence of judges and jurors

Article 26. The language used in criminal proceedings

Article 27. Public nature of criminal proceedings

Article 28. The objectivity, impartiality and justice of criminal proceedings

Article 29. Examination by the appropriate court

Article 30. Restriction on the judge’s participation in the criminal proceedings

Article 31. Inadmissibility of non-procedural ties in criminal proceedings

Article 32 Participation of both sides in criminal proceedings

Article 33. Assessment of evidence in criminal proceedings

Article 34. Nobody may be convicted for the same offence twice

Article 35. Guarantee of the right to re-apply to a court

Article 36. Guarantee of the restoration of the violated rights of an acquitted person

Chapter III

CRIMINAL PROSECUTION

Article 37. Types of criminal prosecution

Article 38. Duties involved in criminal prosecution

Article 39. Circumstances which preclude criminal prosecution

Article 40. Circumstances permitting the criminal prosecution not to take place

Article 41. Discontinuation of criminal prosecution

Article 42. Grounds for acquittal

Article 43. Grounds for discontinuing criminal prosecution during the trial

Article 44. Grounds for conviction

CHAPTER IV

CONDUCT OF THE CRIMINAL PROSECUTION

Article 45. The obligation to prosecute

Article 46. Characteristics of the commencement of the criminal prosecution in connection with the start of the criminal case

Article 47. The prosecuting authorities

Article 48. Guarantee of speedy conduct of the criminal prosecution

Article 49. Combined sets of criminal proceedings

Article 50. Separation of criminal proceedings

Article 51. Obligation to record the course and outcome of procedural acts in criminal proceedings

Article 52. The prosecution file

Article 53. Grounds for suspending the conduct of the criminal prosecution

Article 54. Termination of criminal proceedings

Chapter V

ACQUITTAL OF THE ACCUSED

AWARD OF DAMAGES

Article 55. Acquittal of the accused

Article 56. Persons entitled to damages

Article 57. Characteristics of compensation

Article 58. Compensation for prejudice suffered

Article 59. Restoration of other rights in relation to compensation for damages

Article 60. Persons entitled to claim damages

Article 61. Recognition of the right to claim damages

Article 62. Explanation of the right to claim damages

Article 63. Rules governing compensation for prejudice caused after the end of the criminal prosecution

Chapter VI

OBLIGATIONS IN RESPECT OF PROCEDURAL DECISIONS

Article 64. Obligation to execute procedural decisions

Article 65. Interlocutory significance of procedural decisions

SECOND SECTION

THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter VII

THE COURTS

Article 66. Courts conducting criminal proceedings

Article 67. Jurisdiction of district (city) courts

Article 68. Jurisdiction of the military courts

Article 69. Jurisdiction of the Assize Court of the Azerbaijan Republic

Article 70. Jurisdiction of the Military Assize Court of the Azerbaijan Republic

Article 71. Jurisdiction of the Supreme Court of the Nakhchivan Autonomous Republic

Article 72. Jurisdiction of the Court of Appeal of the Azerbaijan Republic

Article 73. Jurisdiction of the Supreme Court of the Azerbaijan Republic

Article 74. Territorial jurisdiction

Article 75. Assigning the criminal case or other matter to the competent court

Article 76. Change of jurisdiction in the criminal case or other matter

Article 77. Resolution of disputes concerning jurisdiction

Article 78. The court

Article 79. The jury

Article 80. The judge

Article 81. The president

Article 82. Jurors

Article 83. The chairperson of the jury

Chapter VIII

The prosecution

Article 84. The prosecutor

Article 85. The investigator

Article 86. The preliminary investigator

Article 87. The victim

Article 88. The victim bringing a private prosecution

Article 89. The civil party

Chapter IX

THE DEFENCE

Article 90. The suspect

Article 91. The accused

Article 92. Counsel for the defence

Article 93. The defendant to the claim by the civil party

Chapter X

OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 94. Circumstantial witness

Article 95. Witnesses

Article 96. Specialists

Article 97. Experts

Article 98. The court clerk

Article 99. Interpreters

Chapter XI

REPRESENTATIVES AND LEGAL HEIRS

Article 100. Capacity to take part in criminal proceedings

Article 101. Legal representatives of the victim, civil party, suspect, accused or defendant to a civil claim

Article 102. Representatives of the victim, civil party and defendant to the claim by the civil party

Article 103. The representative of the victim bringing a private prosecution

Article 104. The legal representative of a witness

Article 105. The representative of a witness

Article 106. The legal heir of the victim

Chapter XII

OBJECTIONS DURING CRIMINAL PROCEEDINGS

Article 107. General provisions on objections and requests to withdraw

Article 108. Exemption from participation in criminal proceedings

Article 109. Objections to a judge

Article 110. Objections to a juror

Article 111. The release of a juror from performance of his duties

Article 112. Objections to a prosecutor

Article 113. Objections to an investigator or preliminary investigator

Article 114. Objections to defence counsel and representatives

Article 115. Objections to a circumstantial witness

Article 116. Objections to a court clerk

Article 117. Objections to an interpreter or specialist

Article 118. Objections to experts

Chapter XIII

SECURITY OF THE RIGHTS AND LEGAL INTERESTS OF PARTIES TO CRIMINAL PROCEEDINGS

Article 119. The obligation to examine applications for recognition of a person as a party to criminal proceedings

Article 120. Explanation of their rights and duties, and of the scope for exercising these, to the parties to criminal proceedings

Article 121. The obligation to consider applications and requests

Article 122. The right to complain about procedural acts and decisions

Article 123. The obligation to take government measures to protect victims, witnesses, accused persons and other participants in criminal proceedings

SECTION THREE

EVIDENCE AND PROOF

Chapter XIV

EVIDENCE

Article 124. Concept and types of evidence

Article 125. The availability of evidence

Article 126. Statements by the suspect, accused, victim and witnesses

Article 127. The expert's opinion

Article 128. Material evidence

Article 129. The preservation of material evidence and other items

Article 130. Safekeeping of items during a criminal prosecution

Article 131. Decisions about material evidence before the end of the prosecution

Article 132. Decisions about material evidence after the end of the prosecution

Article 133. Outcome of the spoiling, destruction or loss of items

Article 134. Records of investigative procedures and court hearings

Article 135. Documents

Article 136. Inclusion of documents in the prosecution file, their keeping in the file and their return

Article 137. The use as evidence of material obtained in the course of search operations

Chapter XV

PROOF

Article 138. The concept of proof

Article 139. Facts which need to be proven

Article 140. Facts determined on the basis of particular evidence

Article 141. Facts determined without evidence

Article 142. Preliminary rulings

Article 143. Collection of evidence

Article 144. Verification of evidence

Article 145. Assessment of evidence

Article 146. The sufficiency of evidence

SECTION FOUR

COERCIVE PROCEDURAL MEASURES

Chapter XVI

DETENTION

Article 147. The use of detention during criminal proceedings

Article 148. Detention of persons suspected of committing an offence

Article 149. Apprehension of a person who has committed an offence with the aid of a person who witnessed the act

Article 150. Detention of a person to charge him

Article 151. Detention of an accused person who has violated a restrictive measure

Article 152. Detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release

Article 153. Safeguarding of detainees’ rights

Chapter XVII

RESTRICTIVE MEASURES

Article 154. Concept and types of restrictive measure

Article 155. Grounds for the application of restrictive measures

Article 156. General rules governing the choice of restrictive measure

Article 157. Arrest

Article 158. The remand period

Article 159. Prolongation of the period of detention on remand during the pre-trial proceedings

Article 160. The right to protection and to supervision of property

Article 161. Duties of the authority in charge of the remand facility

Article 162. Release from detention on remand

Article 163. House arrest

Article 164. Bail

Article 165. Restraining order

Article 166. Personal surety

Article 167. Surety offered by an organisation

Article 168. Rules governing surety

Article 169. Police supervision

Article 170. Supervision

Article 171. Military observation

Article 172. Removal from office or position

Article 173. Complaints against restrictive measures

Article 174. Confirmation of restrictive measure

Article 175. Alteration, annulment or discontinuation of restrictive measures

Chapter XVIII

APPLICATION OF OTHER COERCIVE PROCEDURAL MEASURES DURING CRIMINAL PROCEEDINGS

Article 176. Coercive measures applied for the conduct of procedural acts

Article 177. The right to forcibly carry out investigative procedures

Article 178. Forcible appearance before the prosecuting authority

SECTION FIVE

PROPERTY MATTERS IN CRIMINAL PROCEEDINGS

Chapter XIX

CIVIL CLAIMS IN CRIMINAL PROCEEDINGS

Article 179. Legislation applied to civil claims

Article 180. Significance of a final court judgment or decision on a civil claim

Article 181. Persons entitled to file civil claims

Article 182. Exemption of the civil party from state taxes

Article 183. The filing of civil claims

Article 184. Refusal to accept a claim application

Article 185. Guarantee of the payment of civil claims

Article 186. Withdrawal of civil claims

Article 187. The court with jurisdiction in civil claims

Article 188. Award of compensation for material damage on the initiative of the court

Chapter XX

PAYMENT OF COMPENSATION TO VICTIMS

Article 189. The right of victims to receive compensation

Article 190. Amount of compensation paid to victims

Article 191. Decision on payment of state compensation to victims

Chapter XXI

PAYMENT FOR WORK AND EXPENSES

Article 192. Payment, guarantees and compensation in respect of jury service

Article 193. Payment for the legal assistance provided by defence counsel

Article 194. Payment by the state for the legal assistance provided by the representative of a victim bringing a private prosecution

Article 195. Payment for the services of an interpreter, specialist or expert

Article 196. Reimbursement of the expenses incurred by those participating in criminal proceedings

Chapter XXII

COURT EXPENDITURE

Article 197. Court expenditure

Article 198. Collection of court expenditure

SECTION SIX

CONFIDENTIALITY AND TIME LIMITS DURING CRIMINAL PROCEEDINGS

Chapter XXIII

THE PRESERVATION OF CONFIDENTIALITY DURING CRIMINAL PROCEEDINGS

Article 199. The preservation of personal and family secrets

Article 200. The preservation of state secrets

Article 201. The preservation of professional and trade secrets

Chapter XXIV

TIME LIMITS IN CRIMINAL PROCEEDINGS

Article 202. The calculation of periods and time limits

Article 203. Results of failure to comply with set time limits and rules for the reinstatement of time limits

SPECIAL PART

SECTION SEVEN

PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXV

COMMENCEMENT OF CRIMINAL PROCEEDINGS

Article 204. Reporting by individuals of offences committed or planned

Article 205. Reporting by legal entities (or officials) of offences committed or planned

Article 206. Media information about offences committed or planned

Article 207. Rules governing examination of information about an offence committed or planned

Article 208. Discovery by the prosecuting authority of information about an offence committed or planned

Article 209. Immediate commencement of criminal proceedings

Article 210. Rules governing the commencement of criminal proceedings

Article 211. Joinder and division of criminal cases

Article 212. Decision not to proceed with a case

Article 213. Transmission of information about an offence to the relevant investigator or court

Chapter XXVI

GENERAL CONDUCT OF THE INVESTIGATION

Article 214. Conduct of the preliminary investigation into a criminal case

Article 215. Conduct of the investigation into a criminal case

Article 216. Place where the investigation is conducted

Article 217. The start of the investigation

Article 218. Time limits for conducting the investigation

Article 219. The end of the investigation

Article 220. Obligation to explain the rights of participants in criminal proceedings and examine their applications

Article 221. Obligation to detect and remove the circumstances which engendered conditions conducive to the commission of the offence

Article 222. Non-disclosure of information about the investigation

Chapter XXVII

CHARGING OF SUSPECTS

Article 223. Grounds and procedure for charging a suspect

Article 224. Procedure governing the formal announcement of the charges

Article 225. Altering or adding to the charges

Chapter XXVIII

QUESTIONING AND CONFRONTATION

Article 226. Rules governing summons for questioning

Article 227. Questioning of witnesses

Article 228. Questioning of under-age witnesses

Article 229. Questioning of dumb, deaf or blind witnesses or witnesses who suffer from a serious illness

Article 230. Records of interviews with witnesses

Article 231. Questioning of victims

Article 233. Questioning of an accused

Article 234. Record of an interview with a suspect or accused

Article 235. Confrontations

Chapter XXIX

EXAMINATION OF PLACES AND OBJECTS, EXHUMATION AND BODY SEARCH

Article 236. Examination of places and objects

Article 237. Exhumation

Article 238. Body search

Chapter XXX

IDENTIFICATION OF PERSONS AND OBJECTS

Article 239. Identification of a person

Article 240. Identification of objects

Article 241. Record of the identification

Chapter XXX

SEARCH AND SEIZURE

Article 242. Conduct of a search

Article 243. Grounds for conducting a search and seizure

Article 244. Participants in a search or seizure

Article 245. Rules governing searches and seizures

Article 246. Body search and seizure

Article 247. Record of the search or seizure

Chapter XXXII

ATTACHMENT OF PROPERTY

Article 248. Nature of the attachment of property

Article 249. Grounds for attachment of property

Article 250. Valuation of the property to be attached

Article 251. Procedure governing attachment of property

Article 252. Record of the attachment of property

Article 253. Complaints of mistaken attachment of property

Article 254. Release of property by order of the criminal court

Chapter XXXIII

CONFISCATION OF POSTAL, TELEGRAPH AND OTHER MESSAGES; INTERCEPTION OF TELEPHONE CONVERSATIONS AND OTHER COMMUNICATIONS

Article 255. Messages which can be confiscated

Article 256. Grounds for confiscating postal, telegraph and other messages

Article 257. Rules governing the confiscation, examination and removal of postal, telegraph and other messages

Article 258. Record of the examination and removal of postal, telegraph and other messages

Article 259. Interception of conversations held by telephone and other devices, of information sent by communication media and other technical means, and of other information

Chapter XXXIV

VERIFICATION OF TESTIMONY ON SITE AND CORROBORATIVE EXPERIMENTS

Article 260. Verification of testimony on site

Article 261. Record of the verification of testimony on site

Article 262. Corroborative experiments

Article 263. Record of the corroborative experiment

Chapter XXXV

EXPERT OPINIONS

Article 264. Principles governing expert opinions

Article 265. Individual experts' reports and reports prepared by committees of experts

Article 266. Complex expert reports

Article 267. Additional and repeat expert reports

Article 268. Rights of the suspect or accused with regard to the commissioning and preparation of an expert report

Article 269. Preparation of an expert report by an expert body

Article 270. Preparation of an expert report not entrusted to an expert body

Article 271. The expert opinion

Article 272. Questioning of the expert

Chapter XXXVI

TAKING OF SAMPLES FOR EXAMINATION

Article 273. Conditions for taking samples

Article 274. Types of sample taken for examination

Article 275. Taking of samples on the basis of the investigator’s decision

Article 276. Record of the taking of samples

Chapter XXII

SUSPENSION AND DISCONTINUATION OF CRIMINAL PROCEEDINGS

Article 277. Rules governing suspension of criminal proceedings

Article 278. Search for the accused

Article 279. Resumption of suspended criminal proceedings

Article 280. Discontinuation of criminal proceedings during the investigation

Article 281. Measures taken by the investigator after discontinuing criminal proceedings

Article 282. Complaint against the decision to discontinue criminal proceedings

Article 283. Resumption of discontinued criminal proceedings

Chapter XXXVIII

DRAWING UP OF THE INDICTMENT AND TRANSFER OF THE CASE TO THE COURT

Article 284. Presentation of the case file before the drawing up of the indictment

Article 285. Procedure for taking cognisance of the case file

Article 286. Record of the presentation of the case file

Article 287. Filing of applications after the presentation of the case file

Article 288. Presentation of the case file after allowing an application

Article 289. Indictment

Article 290. Examination of the indictment by the prosecutor

Article 291. Changes made by the prosecutor to the list of persons to be summoned to attend the court hearing

Article 292. Transfer of the criminal case to the court

Chapter XXXIX

SIMPLIFIED PRE-TRIAL PROCEEDINGS CONCERNING OBVIOUS OFFENCES WHICH DO NOT POSE A MAJOR PUBLIC THREAT

Article 293. Lodging of a complaint about an obvious offence which does not pose a major public threat

Article 294. Decisions concerning a complaint about an offence which does not pose a major public threat

Article 295. Rules governing simplified pre-trial proceedings concerning obvious offences which do not pose a major public threat

Article 296. Final record of the results of simplified pre-trial proceedings concerning obvious offences which do not pose a major public threat

Article 297. Measures taken by the prosecutor based on the results of a preliminary investigation in the form of simplified pre-trial proceedings concerning an obvious offence which does not pose a major public threat

SECTION EIGHT

PROCEEDINGS IN THE COURT OF FIRST INSTANCE

Chapter XL

INITIAL EXAMINATION OF CRIMINAL CASES, FILES ON SIMPLIFIED PRE-TRIAL PROCEEDINGS AND COMPLAINTS WITH A VIEW TO PRIVATE PROSECUTIONS

Article 298. Initial steps to be taken by the court on receipt of a criminal case file, a file on simplified pre-trial proceedings or a complaint with a view to a private prosecution

Article 299. Preparatory hearing by the court

Article 300. Types of decision taken as a result of the court’s preparatory hearing

Article 301. Setting the case down for hearing

Article 302. Refusal by the court to examine a complaint with a view to a private prosecution

Article 303. Discontinuing the examination of a criminal case file or a file on simplified pre-trial proceedings and returning it to the prosecutor

Article 304. Suspension of proceedings in a criminal case, simplified pre-trial proceedings or proceedings on a complaint with a view to a private prosecution

Article 305. Discontinuation of proceedings in a criminal case or simplified pre-trial proceedings

Article 306. Decisions on matters connected with restrictive measures

Article 307. Special decisions on the results of the court’s preparatory hearing

Chapter XLI

GENERAL CONDITIONS GOVERNING COURT HEARINGS

Article 308. Prohibition of changes in the membership of the court during its examination of a case

Article 309. The reserve judge

Article 310. Keeping order in court

Article 311. Participation of the accused in the court’s examination of the case and consequences of non-attendance

Article 312. Participation of defence counsel in the court’s examination of the case and consequences of non-attendance

Article 313. Participation of the defendant to the civil claim in the court’s examination of the case and consequences of non-attendance

Article 314. Participation of the public prosecutor in the court’s examination of the case and consequences of non-attendance

Article 315. Participation of the victim (or victim bringing a private prosecution) in the court’s examination of the case and consequences of non-attendance

Article 316. Participation of the civil party in the court’s examination of the case and consequences of non-attendance

Article 317. Decision as to the possibility of continuing the court’s examination of the case without the participation of a witness, expert or specialist who fails to attend a court hearing

Article 318. Limits of the court’s examination of a case

Article 319. Postponement of the court’s examination of the case and suspension of the court proceedings

Article 320. Decisions on matters regarding restrictive measures

Article 321. Rules governing decision-making during the court’s examination of a case

Chapter XLII

OPENING OF THE COURT’S EXAMINATION OF A CASE

Article 322. Initial actions of the court on opening its examination of a case

Article 323. Submission of applications by the parties and decisions thereon before the start of the court’s investigation of the case

Chapter XLIII

THE COURT’S INVESTIGATION OF THE CASE

Article 324. Start of the court’s investigation of the case

Article 325. Sequence for examining evidence during the court’s investigation of the case

Article 326. Questioning of the accused

Article 327. Making public the testimony of the accused

Article 328. Questioning of witnesses

Article 329. Making public the testimony of witnesses

Article 330. Questioning of the victim

Article 331. Expert reports during the court’s examination of the case

Article 332. Questioning of experts

Article 333. Examination of material evidence

Article 334. Making documents public

Article 335. Examination of the location and premises

Article 336. Presentation for identification, conduct of investigative experiments and taking of samples for examination

Article 337. Restricting the examination of evidence

Article 338. End of the court’s investigation of the case

Chapter XLIV

ORAL SUBMISSIONS AND FINAL STATEMENT BY THE ACCUSED

Article 339. Start of oral submissions

Article 340. The parties’ submissions

Article 341. Replies

Article 342. Final statement by the accused

Article 343. Proposals by the parties to the proceedings on the substance of the charge

Chapter XLV

FINAL COURT DECISION

Article 344. Court's retirement to the deliberation room

Article 345. Secrecy of the judges’ deliberations

Article 346. Matters discussed by the court in the deliberation room

Article 347. Rules governing the adoption of the final court decision

Article 348. Characteristics of the adoption of the final court decision on certain matters

Article 349. General requirements governing court judgments

Article 350. Acquittal

Article 351. Conviction

Article 352. Drawing up of the court judgment

Article 353. Content of the court judgment

Article 354. Settlement of the civil claim in the court judgment

Article 355. Special decision on the results of the court’s examination of the case

Article 356. Delivery of the court’s final decision

Article 357. Release of the person from detention after delivery of the court judgment

Article 358. Issuing of a copy of the final court decision and its entry into force

Chapter XLVI

PROCEEDINGS IN THE COURT OF FIRST INSTANCE WITH THE PARTICIPATION OF A JURY

Article 359. Circumstances in which the court examines the case with the participation of a jury

Article 360. Selection of jurors

Article 361. Drawing up of the list of jurors who are candidates for the jury

Article 362. Conduct of the hearing for the selection of jurors

Article 363. Initial court procedures during the hearing for the selection of jurors

Article 364. Settlement of any objections made to the jurors

Article 365. Procedure for the random selection of the jury

Article 366. Validation of the selection of jurors

Article 367. Swearing-in of the jurors and explanation of their rights and responsibilities

Article 368. Characteristics of the court’s examination of the case with the participation of the jury

Article 369. Matters to be decided by the jury

Article 370. Requirements for drawing up the questions to be answered by the jury

Article 371. Instructions by the president

Article 372. Retirement of the jury to the deliberation room

Article 373. Objections to the president’s instructions

Article 374. Secrecy of the jury’s deliberations

Article 375. Jury’s deliberations, vote and adoption of a verdict

Article 376. Renewal of the court’s investigation of the case at the request of the jury

Article 377. Announcement of the jury’s verdict

Article 378. Steps to be taken by the president following the announcement of the jury’s verdict

Article 379. Discussion of the results of the jury’s verdict

Article 380. Characteristics of appeals against judgments given on the results of court proceedings involving the participation of a jury

SECTION NINE

PROCEEDINGS IN THE COURTS OF APPEAL AND THE SUPREME COURT

Chapter XLVII

RE-EXAMINMATION OF COURT JUDGMENTS AND DECISIONS ON APPEAL

Article 381 Complaints and appeals against judgments and decisions of first instance courts

Article 382. Characteristics of complaint or appeal proceedings

Article 383. Persons entitled to lodge a complaint or appeal

Article 384. Time limits and conditions for the lodging of complaints and appeals

Article 385. Lodging of complaints and appeals

Article 386. Extension of the time limit for lodging complaints and appeals

Article 387. Requirements to be met when lodging a complaint or appeal

Article 388. Notification of receipt of complaints and appeals

Article 389. Results of the lodging of complaints and appeals

Article 390. Withdrawal, amendment or amplification of a complaint or appeal

Article 391. Initial examination of complaints and appeals

Article 392. Scheduling of appeal court hearings

Article 393. Notification of the date of examination of the complaint or appeal

Article 394. Rules governing the examination of complaints or appeals

Article 395. Renewal of the court’s investigation of the case

Article 396. Discontinuation of the examination of the complaint or appeal

Article 397. Limits of the examination of the complaint or appeal

Article 398. Final court decision on the examination of the complaint or appeal

Article 399. Grounds for setting aside or amending the judgment or decision of the court of first instance

Article 400. Failure to investigate all the facts of importance for the court’s conclusions

Article 401. Inconsistencies between the first instance court’s conclusions and the facts of the case

Article 402. Failure to prove the facts determined by the court of first instance

Article 403. Failure to apply the provisions of criminal law correctly

Article 404. Penalty unsuited to the seriousness of the offence and the personality of the offender

Article 405. Amendment of the judgment or decision of the court of first instance

Article 406. Special decision on the results of the examination of a complaint or appeal

Article 407. Production of a copy of the court of appeal’s final decision and entry into force of the decision

CHAPTER XLVIII

RE-EXAMINATION OF COURT JUDGMENTS AND DECISIONS BY THE SUPREME COURT

Article 408. Lodging of complaints and appeals with the Supreme Court

Article 409. Persons entitled to lodge a complaint or appeal with the Supreme Court

Article 410. Time-limits for lodging a complaint or appeal with the Supreme Court

Article 411. Extension of the time-limits for lodging a complaint or appeal with the Supreme Court

Article 412. Rules governing the lodging of a complaint or appeal with the Supreme Court

Article 413. Content of a complaint or appeal to the Supreme Court

Article 414. Withdrawal, amendment or amplification of a complaint or appeal to the Supreme Court

Article 415. Grounds for leaving the complaint or appeal to the Supreme Court unexamined

Article 416. Grounds for the Supreme Court to set aside or amend a court judgment or decision

Article 417. Notification of receipt of the complaint or appeal to the Supreme Court

Article 418. Preliminary examination of a complaint or appeal to the Supreme Court

Article 419. Substantive examination of a complaint or appeal to the Supreme Court

Article 420. Rules governing the examination of the case after the court judgment or decision has been set aside by the Supreme Court

CHAPTER XLIX

RE-EXAMINATION OF COURT JUDGMENTS AND DECISIONS ON ADDITIONAL APPEAL TO THE SUPREME COURT

Article 421. Additional submissions, appeals and complaints to the Supreme Court

Article 422. Persons entitled to file additional submissions, appeals and complaints with the Supreme Court

Article 423. Filing of additional submissions, appeals and complaints with the Supreme Court

Article 424. Grounds for leaving an additional complaint or appeal to the Supreme Court unexamined

Article 425. Notification of the filing of additional submissions or an additional appeal or complaint with the Supreme Court

Article 426. Preliminary examination of additional appeals and complaints to the Supreme Court

Article 427. Substantive examination of additional submissions, appeals and complaints by the plenary Supreme Court of the Azerbaijan Republic

SECTION TEN

PROCEEDINGS CONCERNING CERTAIN CATEGORIES OF PERSONS

Chapter L

PROCEEDINGS CONCERNING MINORS

Article 428. Rules governing proceedings concerning minors

Article 429. Circumstances to be established during proceedings concerning minors

Article 430. Obligation to conduct an investigation

Article 431. Separation of criminal proceedings concerning minors

Article 432. Conduct of the investigation concerning a minor

Article 433. Detention of minors

Article 434. Application of the restrictive measure of arrest to a minor

Article 435. Court examination of the criminal case concerning an offence committed by a minor

Chapter LI

PROCEEDINGS CONCERNING PERSONS HOLDING PRIVILEGES AND IMMUNITIES UNDER INTERNATIONAL TREATIES

Article 436. Jurisdiction of the Azerbaijan Republic with regard to persons holding diplomatic immunity

Article 437. Persons enjoying diplomatic immunity

Article 438. Personal immunity

Article 439. Immunity with regard to criminal jurisdiction

Article 440. Immunity from giving evidence

Article 441. Inviolability of premises and documents

SECTION ELEVEN

SPECIAL PROCEEDINGS

Chapter LII

CONDUCT OF JUDICIAL SUPERVISION

Article 442. General provisions governing judicial supervision

Article 443. Compulsory conduct of investigative procedures by court decision

Article 444. Application of coercive procedural measures by court decision

Article 445. Conduct of search operations by court decision

Article 446. Applications to the courts to resolve matters concerning the compulsory conduct of investigative procedures, the application of coercive procedural measures or the conduct of search operations

Article 447. Rules governing the court’s examination of applications on matters concerning the compulsory conduct of investigative procedures, the application of coercive procedural measures or the conduct of search operations

Article 448. Decisions of the judge on the compulsory conduct of investigative procedures, the application of coercive procedural measures or the conduct of search operations

Article 449. Complaints to the court concerning procedural acts or decisions of the prosecuting authority

Article 450. Verification of the legality of the acts or decisions of the prosecuting authority

Article 451. Decisions of the judge on the results of the verification of the legality of the procedural acts and decisions of the prosecuting authority

Article 452. Complaints and appeals against the judge's decisions concerning the choice or refusal of arrest as a restrictive measure

Article 453. Verification of the legality and soundness of the judge’s decision to choose arrest as a restrictive measure or to refuse to do so

Article 454. Complaints against other decisions given by the judge in the exercise of judicial supervision and verification of their legality and soundness

CHAPTER LIII

PROCEEDINGS GOVERNING APPLICATIONS FOR VERIFICATION OF THE CONSTITUTIONALITY OF LEGAL INSTRUMENTS

Article 455. Right to file an application to verify the constitutionality of a legal instrument

Article 456. Requirements governing applications to verify the constitutionality of a legal instrument

Article 457. Steps to be taken by the court of first instance or appeal or the Supreme Court concerning applications to verify the constitutionality of a legal instrument

Article 458. Examination by the Supreme Court of the Azerbaijan Republic of matters connected with the referral of the request to the Constitutional Court of the Azerbaijan Republic

Article 459. Request by the plenary Supreme Court of the Azerbaijan Republic, on its own initiative, to the Constitutional Court of the Azerbaijan Republic

Article 460. Legal results of decisions by the Constitutional Court of the Azerbaijan Republic

Chapter LIV

PROCEEDINGS ON THE BASIS OF NEWLY DISCOVERED FACTS

Article 461. Grounds for examining court judgments or decisions on the basis of newly discovered facts

Article 462. Judgments or decisions that may be examined on the basis of newly discovered facts

Article 463. Court empowered to examine court judgments or decisions on the basis of newly discovered facts

Article 464. Filing of applications for the examination of court judgments or decisions in connection with newly discovered facts

Article 465. Requirements governing applications for examination of a court judgment or decision on the basis of newly discovered facts

Article 466. Preliminary examination of an application for examination of the court judgment or decision on the basis of newly discovered facts

Article 467. Examination by the plenary Supreme Court of the Azerbaijan Republic of an application for examination of a court judgment or decision on the basis of newly discovered facts

Chapter LV

PROCEEDINGS CONCERNING THE APPLICATION OF COMPULSORY MEDICAL MEASURES TO PERSONS WHO COMMIT AN OFFENCE WHILE OF UNSOUND MIND

Article 468. Characteristics of proceedings concerning the application of compulsory medical measures to persons who commit an offence while of unsound mind

Article 469. Pre-trial proceedings concerning the application of compulsory medical measures to persons who commit an offence while of unsound mind

Article 470. Circumstances which need to be determined in cases concerning persons of unsound mind

Article 471. Separation of proceedings concerning the application of compulsory medical measures

Article 472. Participation of defence counsel and the legal representative

Article 473. Rights of persons in respect of whom proceedings concerning the application of compulsory medical measures are conducted

Article 474. Security measures in respect of persons who have committed an offence while of unsound mind

Article 475. End of the pre-trial proceedings concerning the application of compulsory medical measures

Article 476. Steps to be taken by the prosecutor after the end of the pre-trial proceedings concerning the application of compulsory medical measures

Article 477. Characteristics of the court’s examination of the case on the application of compulsory medical measures

Article 478. Annulment or alteration of a compulsory medical measure

Chapter LXI

PROCEEDINGS CONCERNING THE APPLICATION OF COMPULSORY MEDICAL MEASURES TO PERSONS WHO BECOME MENTALLY ILL AFTER COMMITING AN OFFENCE

Article 479. Proceedings concerning the application of compulsory medical measures to persons who become mentally ill after committing an offence

Article 480. Pre-trial preparation of the file on the application of compulsory medical measures to persons who become mentally ill after committing an offence

Article 481. Participation of defence counsel in proceedings concerning the application of compulsory medical measures to persons who become mentally ill after committing an offence

Article 482. Separation of proceedings concerning a person who becomes mentally ill after committing an offence

Article 483. Restrictive measures applied to a person who becomes mentally ill after committing an offence

Article 484. Charging of persons who have become mentally ill after committing an offence

Article 485. Proceedings before the court of first instance concerning the application of compulsory medical measures to persons who have become mentally ill after committing an offence

Article 486. Annulment or alteration of a compulsory medical measure

Article 487. Reinstatement of the criminal proceedings

Chapter LVII

LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 488. Procedural and other acts relating to legal assistance in the territory of the Azerbaijan Republic

Article 489. General provisions governing legal assistance in criminal matters in the territory of the Azerbaijan Republic

Article 490. Content of official requests for legal assistance in the territory of the Azerbaijan Republic

Article 491. Rules governing the examination of official requests for legal assistance in the territory of the Azerbaijan Republic

Article 492. Refusal of requests for legal assistance

Article 493. Content of official requests for extradition

Article 494. Requests for additional documents relating to extradition

Article 495. Arrest of a person with a view to extradition

Article 496. Settlement of extradition matters

Article 497. Release of a person arrested in connection with a request for his extradition

Article 498. Limits on the prosecution of an extradited person

Article 499. Handing over of an extradited person

Article 500. Renewed extradition

Article 501. Transit

Article 502. Obligation to prosecute

Article 503. Content of an official request for criminal prosecution

Article 504. Notification of the results of criminal prosecution

Article 505. Release of property

CHAPTER LVIII

PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT DECISIONS

Article 506. Obligation of the courts to ensure the timely and proper enforcement of judgments and other final court decisions by the establishments and authorities responsible for sentence enforcement

Article 507. Judges’ instructions on the enforcement of judgments and other final court decisions

Article 508. Duties of officials responsible for the enforcement of judgments or other final court decisions

Article 509. Guarantee of sentenced persons’ rights during sentence enforcement

Article 510. Postponement of sentence enforcement

Article 511. Release from punishment due to illness

Article 512. Release from punishment due to expiry of the period of sentence enforcement, and annulment of the postponement of sentence enforcement

Article 513. Conditional release before completion of the sentence and commutation of the part of the sentence not yet served to a less severe penalty

Article 514. Change to another type of penal institution

Article 515. Application of an amnesty to a sentenced person

Article 516. Inclusion of a period of custody in a medical institution in the term of the sentence served

Article 517. Release from imprisonment before completion of the sentence

Article 518. Clarification of any doubts and obscure points during enforcement of judgments and other final court decisions

Article 519. Settlement of other issues relating to enforcement of the judgment or other final court decision on the basis of submissions by the establishment or authority enforcing the sentence

Article 520. Examination at a court hearing of applications relating to enforcement of a judgment or other final court decision

Article 521.

Enforcement of judgments or other final decisions given by the courts of foreign states