Criminal Procedure Code at Azerbaijan

Azerbaijan's Code of Criminal Procedure (CPC) was enacted on July 14, 2000, and provides the legal framework for criminal proceedings within the country. The full English translation of the CPC is available through the Nottingham University’s Comparative and International Dispute Resolution Centre, which offers the text in PDF format. (Legislation)

Key Features of the Azerbaijani Criminal Procedure Code

1. Fair Trial Guarantees

The CPC enshrines fundamental rights to ensure fair trials, including:

Prohibition of torture and degrading treatment

Right to liberty and security, with limitations on detention and arrest

Right to inviolability of the person, including protection from forced participation in procedures

Public nature of criminal proceedings, subject to certain exceptions

Impartiality and objectivity of courts

Right to use one's mother tongue and access to interpreters if necessary (Code of Criminal Procedure of the Azerbaijan Republic (2000) (excerpts related to Fair trial) (English) | LEGISLATIONLINE)

2. International Cooperation

The CPC outlines procedures for international assistance in criminal matters, including:

Obligation to prosecute based on official requests from foreign authorities

Content requirements for requests

Notification of results to requesting authorities (International assistance in criminal matters in 'Azerbaijan - Criminal Procedure Code (EN) 2000')

3. Enforcement of Sentences

The code specifies procedures for enforcing court decisions, such as:

Immediate enforcement upon finalization of judgments

Release from detention under specific conditions

Guarantee of sentenced persons' rights during sentence enforcement, including the right to apply for postponement, conditional release, or commutation of sentence (Enforcement of sentences imposed in 'Azerbaijan - Criminal Procedure Code (EN) 2000')

4. Legal Protections for Participants

The CPC provides protections for all participants in criminal proceedings, including:

Prohibition of acts that debase human dignity

Guarantees of the right to inviolability of the person, including protection from unlawful searches and examinations

Right to legal representation and access to defense counsel (Konstitusiya Məhkəməsi, Code of Criminal Procedure of the Azerbaijan Republic (2000) (excerpts related to Fair trial) (English) | LEGISLATIONLINE)

For a comprehensive understanding, you can access the full English translation of the Azerbaijani Code of Criminal Procedure here. (Legislation)

LEAVE A COMMENT

0 comments