Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 22, 2023 No. 1061-VIQD

About modification of the Code of penal procedure of the Azerbaijan Republic

Millie Majlis of the Azerbaijan Republic, being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, decides:

Make the following changes in the Code of penal procedure of the Azerbaijan Republic (Collection of Legal acts of the Azerbaijan Republic, 2000, No. 8 (the Book II), Article 585; 2001, No. 7, Article 455; 2002, No. 1, Article 9, No. 5, Article 233, No. 8, Article 463, 2003, No. 6, Article 276, 2004, No. 5, Article 321, No. 7, Article 505, No. 8, Article 598, No. 10, Article 761, No. 11, Article 890, 2005, No. 1, Article 4, No. 4, Article 278, No. 6, Article 462, No. 8, Article 686, No. 10, Article 874, No. 12, article 1079, 2006, No. 1, Article 3, No. 2, Article 64, No. 5, Article 390, No. 10, Article 847, No. 11, Article 929, No. 12, Article 1032, 2007, No. 2, Articles 65, 68, No. 6, Article 560, No. 7, Article 712, No. 8, Article 756, No. 11, Article 1049, No. 12, Article 1221, 2008, No. 6, Article 462, No. 7, Articles 606, 607, No. 12, Articles 1045, 1049, 2009, No. 5, Article 315, No. 7, Article 517, No. 12, Article 966, 2010, No. 3, Articles 171, 173, 178, No. 7, Article 593, No. 12, Article 1058, 2011, No. 6, Article 480, No. 7, Articles 589, 599, 2012, No. 7, Article 674, Article 674, Article 599. 11, Article 1062, No. 12, Article 1215, 2013, No. 2, Article 77, No. 6, Articles 616, 626, No. 7, Article 786, No. 11, Article 1265, No. 12, Article 1493; 2014, No. 2, Articles 90, 102, No. 4, Articles 328, 344, No. 6, Article 600, No. 11, Articles 1354, 1362; 2015, No. 4, Art. 342, No. 5, Art. 511, No. 11, Art. 1270, 1288; 2016, No. 2 (Book II), Art. 218, No. 10, Art. 1607, No. 12, Articles 2020, 2031, 2034, 2039; 2017, No. 5, article 751, No. 12 (book I), Articles 2232, 2267; 2018, No. 5, Articles 877, 882, No. 7 (book I), Article 1421, No. 11, article 2235, No. 12 (book I), Article 2515; 2019, No. 7, Articles 1198, 1200, No. 12, Article 1898; 2020, No. 6, Article 675, No. 7, Articles 832, 852, 856; 2021, No. 6 (book I), Article 541, No. 7, Article 711; 2022, No. 5, Articles 428, 436, No. 8, Article 828, No. 12, Article 1374; 2023, No. 1, Articles 23, 40, No. 2, Article 207, No. 4, Article 445):

1. Add with Article 7.0.8-1 of the following content:

"7.0.8-1. The correspondence production on criminal prosecution - the production which is carried out based on the resolution on initiation of the correspondence production accepted by court on criminal prosecution without the person accused appearance to court on criminal prosecution and also in courts of the first, appeal and cassation instances;".

2. Under Article 53:

2.1. To add the third offer of the following content to Article 53.6:

"In need of making of legal proceedings for comprehensive, complete and objective preliminary inquiry after suspension of criminal prosecution criminal prosecution is resumed and again stops after completion of these legal proceedings.";

2.2. After the word contra in Article 53.7 to add the word "terrorism, terrorism financing".

3. Add with Chapter IV-I of the following content:

"Chapter IV-I. Issue of procedural documents in official procedure

Article 54-1. Delivery of procedural documents

54-1.1. Except as specified, the provided by Articles 54-1.5 and 54-1.6 of this Code, procedural documents are delivered by custom departure (letter) provided by the Law of the Azerbaijan Republic "About mail". In necessary cases delivery of procedural documents can be performed by the investigator or the investigator, and also can be charged by the investigator, the investigator, the prosecutor or the judge to investigating body, and also the relevant organ conducting criminal procedure to his employees.

54-1.2. The procedural document is handed to the addressee personally by signing of the receipt or root of the document which shall be returned to the directing body which form is approved by relevant organ of the executive authority. The procedural document addressed to the legal entity is handed to the corresponding official by signing of the receipt or root of the document. Official issue of the procedural document can be performed in the body performing criminal procedure.

54-1.3. Persons responsible for delivery of the procedural document shall make it no later than one day after receipt of the procedural document and report about it to the body conducting criminal procedure.

54-1.4. If person responsible for delivery of the procedural document does not find the addressee at the place of residence or works, the document is handed to one of the full age family members living with the addressee (from its consent), or in case of their absence, in relevant organ of the executive authority, in local government body at the place of residence of the addressee, is handed to self-government institutions or administration of place of employment. Person who received the procedural document instead of the addressee shall enter in the receipt or root of the document the surname, name, middle name, relationship with the addressee or position which he holds, and to transfer the document to the shortest possible time to the addressee.

54-1,5. Delivery of procedural documents in courts in which the information system "electronic court" is applied is performed according to the procedure, stipulated in Clause 51-1 of this Code.

54-1,6. In case of impossibility of delivery to person of procedural documents according to Articles 54-1.1 - 54-1.5 of this Code in view of its stay outside the Azerbaijan Republic and availability of authentic data on the country in which there is person procedural documents are handed to this person through relevant organ of the executive authority of the Azerbaijan Republic, go to diplomatic representation or consulate in the country, or in the relevant competent authority of this country for rendering legal aid on criminal cases.

54-1,7. The copies of procedural documents sent to arrested or the detained persons shall be handed to them by administration of places of detention according to Article 161.1.7 of this Code.

54-1.8. In the cases provided by Articles 54-1. 2, 54-1.4, 54-1.5 and 54-1.7 of this Code, and also if the written message on delivery of the procedural document to person is received to the body performing criminal procedure, the procedural document is considered Article 54-1.6 of this Code issued in official procedure.

Article 54-2. Agenda of challenge

54-2.1. The agenda of challenge shall contain the following information:

54-2.1.1. the name, the address, contact information (index, phone, the fax, etc.) of the body conducting criminal procedure, surname, name, position and the signature of the investigator of the investigator, prosecutor or judge;

54-2.1.2. the procedural status, surname, name, middle name, the address, persons, the name and the address of the legal entity to which the agenda shall be handed;

54-2.1.3. time (date and time) and the place of receipt on challenge;

54-2.1.4. nature of suspicion or accusation in relation of the suspect, person accused;

54-2.1.5. explanation of procedural law and obligations of the called person with reference to the relevant articles of this Code;

54-2.1.6. data on absence effects on challenge, including the warning that the called person will be compulsorily brought to the body conducting criminal procedure in the presence of the bases, stipulated in Article 178.2 of this Code;

54-2.1.7. the warning to the person accused that in the cases provided by this Code, production can be open in absentia and the judgment by default or other final decision of court is pronounced and also if he wishes to use the right to be provided the defender at its choice in this process, the information about his defender goes to the body conducting criminal procedure.

54-2.2. The form of the agenda affirms relevant organ of the executive authority.

54-2.3. In case of determination of time in the agenda of challenge the possibility of the called person to be timely in the body conducting criminal procedure shall be considered.

54-2.4. Date and time of challenge can be changed at the request of the invited person.

54-2,5. In case of absence of the called person he can be compulsorily brought to challenge according to the procedure, stipulated in Article the 178th of this Code. If the called person was not on challenge on reasonable excuse, it shall report immediately about it in the body performing criminal procedure and to provide the proofs confirming the valid circumstances which entailed its absence on challenge. In this case the body conducting criminal procedure determines date and time of new challenge taking into account date and time when the called person can be.

54-2.6. Person can be caused with use of phone, system of video conferencing or other means of communication and telecommunications. In this case contents of the agenda, stipulated in Article 54-2.1 of this Code, including the rights and obligations of the called person are explained to caused, and the protocol is constituted. By challenge of the suspect accused with use of phone, system of video conferencing or other means of communication and telecommunications this person it shall be beforehand notified and its voice is recorded, fixed in the protocol and the corresponding electronic medium shall be added to the protocol.

54-2,7. The suspects and persons accused containing in places of detention are called through administration of the place of detention.

54-2,8. Incapacitated or restrictedly capable persons are called through the legal representatives.

Article 54-3. Contents of the receipt

54-3.1. In the receipt, stipulated in Article 54-1.2 of this Code, shall be specified:

54-3.1.1. the name, the address, the body performing criminal procedure, surname, name, middle name, position of the investigator, investigator, prosecutor or judge;

54-3.1.2. the procedural status, surname, name, middle name, the address, persons to which procedural documents, the name and the address of the legal entity shall be issued;

54-3.1.3. name of the procedural document;

54-3.1.4. time (date and hours), place of issue of the procedural document, surname, name, middle name and signature of the receiver;

54-3.1.5. reasons of lack of distribution of the procedural document;

54-3.1.6. in the absence of the addressee - mark about obligation of person to whom the procedural document is issued to bring him to the addressee in the shortest possible time and its signature;

54-3.1.7. the signature of person to whom delivery of the procedural document, or the representative of body of communication is entrusted.

Article 54-4. Refusal of adoption of procedural documents

In case of refusal of the addressee or the other person to accept the procedural document person which provided it shall, having made the corresponding mark about the reasons of lack of distribution of the procedural document in the presence of local government body at the place of residence of the addressee, relevant organ of the executive authority or administration of place of employment, returns in the body conducting criminal procedure. In this case the procedural document is considered officially issued".

4. At the end of Article 91.5.42 to replace point with semicolon and to add with Article 91.5.43 of the following content:

"91.5.43. if criminal prosecution is conducted in absentia:

91.5.43.1. receive the agenda, the resolution on the opening of the correspondence production on criminal prosecution, and also the default judgment by results of the correspondence production on criminal prosecution or other final decision of court according to the procedure provided by Articles 54-1 - 54 - 4 of this Code (except as specified establishments of concealment from the investigation or court);

91.5.43.2. be the provided defender in the correspondence criminal procedure;

91.5.43.3. study the criminal case file, introduce petitions for production of investigative and other legal proceedings;

91.5.43.4. on judgment by default or other final decision of court made to require by results of the correspondence criminal proceedings its cancellation and de novo review of criminal case by filing of application according to the procedure, stipulated in Article 467-17 of this Code."

5. Under Article 92:

5.1. Add with Article 92.3.15-1 of the following content:

"92.3.15-1. if criminal prosecution is conducted in absentia during pre-judicial production;";

5.2. In Article 92.3.16 shall be replaced with words the word "In the Code" "in articles 51-2 and 311.2 of the Code";

5.3. At the end of Article 92.4.8 to replace point with semicolon and to add Article 92.4.9 of the following content:

"92.4.9. by consideration in court of idea of the prosecutor of opening of the correspondence criminal case - in case, stipulated in Article 92.3.15-1 of this Code".

6. Under Article 151:

6.1. to the name, Article 151.4 and the first offer of Article 151.5 before the word "person accused" to add the word "suspect or";

6.2. In Article 151.1 shall be replaced with words the word "Person accused" "The suspect or the person accused".

7. In the second offer of article 214.3 of figure "226" to replace with figures "227".

8. Repeal Article 226.

9. In article 272.2 of figure "226" to replace with figures "54-1 - 54-4".

10. Under Article 278:

10.1. in the name, in Articles 278.1 and 278.3 shall be replaced with words the word "Person accused" "The suspect or the person accused";

10.2. In Article 278.2 shall be replaced with words the word "Person accused" "The suspect or the person accused" and to add to this Article after the word "except as specified" of the word "or suspect";

10.3. Before the word "person accused" in Article 278.4 to add the word "suspect or".

11. Add with Article 290.3.3-1 of the following content:

"290.3.3-1. stop criminal proceedings in absentia and return criminal case to the investigator with the order about production of preliminary inquiry;".

12. Under Article 299:

12.1. State Article 299.9.2 in the following edition:

"299.9.2. If person accused of crime execution, not constituting big public danger, without interfering with comprehensive, complete and objective investigation of all cases connected with criminal prosecution declares the petition for consideration of the charge in court brought to him without its presence;";

12.2. Add with Article 299.9.3 of the following content:

"299.9.3. in case, stipulated in Article 467-13.1 of this Code".

13. Under Article 301:

13.1. In Article 301.2.10 of the word "if case is allowed to consideration in absentia" shall be replaced with words "provided by Articles 51-2 and 311.2 of this Code";

13.2. In the second offer of Article 301.5 of the word "in Article 226" shall be replaced with words "in Articles 54-1 - 54-4".

14. State Article 311.2 in the following edition:

"311.2. Legal proceedings without presence of the person accused are allowed only in the cases provided by Articles 299.9.2 and 299.9.3 of this Code".

15. In the first offer of Article 317.1 of the word "226.1 - 226.3" shall be replaced with words "54-1 - 54-4".

16. At the end of Article 442.2.2 to replace point with semicolon and to add with Article 442.2.3 of the following content:

"442.2.3. petitions and ideas of opening of the correspondence production on criminal prosecution".

17. Under Article 446:

17.1. to the name, paragraph one of Article 446. 1, in Article 446.2. 446.2.5 and 446.2.7 after the word "application" to add 4, with the words "opening of the correspondence production on criminal prosecution";

17.2. Add with Article 446.1.2-2 of the following content:

"446.1.2-2. the motivated petition of the investigator for opening of the correspondence production on criminal prosecution and representation of the prosecutor performing procedural management of pretrial investigation;";

17.3. In Article 446.2.6 and the first offer of Article 446.4 after the word of "making" to add the word "opening of the correspondence production on criminal prosecution";

17.4. After the word "application" to add the word to Article 446.3 "opening of the correspondence production on criminal prosecution".

18. Under Article 447:

18.1. in the name, in Articles 447.1 and 447.5 - 447.7 after the word "application" to add the word "opening of the correspondence production on criminal prosecution";

18.2. In Article 447.3 of the word "or application of measure of procedural coercion" shall be replaced with words "application of measure of procedural coercion or opening of the correspondence production on criminal prosecution".

19. Under Article 448:

19.1. in the name and in paragraph one of Article 448.1 after the word "application" to add the word "opening of the correspondence production on criminal prosecution";

19.2. At the end of Article 448.1.3-1 to replace point with semicolon and to add with Article 448.1.3-2 of the following content:

"448.1.3-2. about opening of the correspondence production on criminal prosecution or about refusal in it.";

19.3. In Article 448.4 after the word "application" to add the word "opening of the correspondence production on criminal prosecution";

19.4. Add with Article 448.6-2 of the following content:

"448.6-2. The direction of the copy of the judgment on the issue of opening of the correspondence production on criminal prosecution is performed according to Article 467-13.11 of this Code.";

19.5. In Article 448.8 after the word to "application" to add the word to "opening of the correspondence production on criminal prosecution", and after the word "applications" to add the word of "opening of the correspondence production on criminal prosecution".

20. In article 454 after the word "application" to add the word "opening of the correspondence production on criminal prosecution";

21. In the second offer of article 466.6 of figure "226" to replace with figures "227".

22. Add with Chapter LIV-II of the following content:

"Chapter LIV-II

The correspondence production on criminal proceedings

Article 467-12. Features of the correspondence production on criminal prosecution

467-12.1. The correspondence production on criminal prosecution is made by the general rules provided by this Code taking into account the features determined by this Chapter.

467-12.2. In case of the correspondence production on criminal prosecution of the right, stipulated in Article 91 of this Code, shall be provided with the body conducting criminal procedure.

467-12.3. Pre-judicial correspondence production is conducted only in the form of pretrial investigation.

467-12.4. Criminal case concerning the person accused in which relation is processed the correspondence production on criminal prosecution, allocated in separate production.

467-12.5. The correspondence production on criminal prosecution concerning minors is not allowed.

Article 467-13. Opening of the correspondence production on criminal prosecution

467-13.1. If the person accused under Articles 100-119, 137, 144-145, 178, of 179, of 182, 193-1, 204, of 205, of 206, 206-1, 208, 214-219-1, 228, 274-283-1, 308-314-3, 318, 318-1, 319 and 324 UK ARE, along with these Articles, on others of the article of this Code on cumulative offenses within the same criminal case, absconds or vessels outside the territory of the Azerbaijan Republic or in case of impossibility to provide its personal participation in criminal procedure because of its intentional refusal to be on writ of summons, criminal prosecution can be made in absentia.

467-13.2. If the person accused challenge in the body conducting criminal procedure according to provisions of Articles 54-1 - 54-4 of this Code did not yield results, arrest, search, and also measures are made for his extradition according to this Code and international treaties which participant is the Azerbaijan Republic.

467-13.3. By the person accused challenge according to provisions of Articles 54-1 - 54-4 of this Code the body conducting criminal procedure at the same time informs him on possibility of the correspondence production of criminal prosecution, and also to be the provided defender at the choice. If he wishes to exercise the right, then shall send the information about the defender to the body conducting criminal procedure.

467-13.4. In case of futility of measures, stipulated in Article 467-13.2 of this Code, the body conducting criminal procedure with observance of presumption of innocence transfers data, stipulated in Article 54-2.1 of this Code (except for addresses of person to whom the service of summons shall be handed) by means of public television and radio, is broadcast and published on the official site.

467-13,5. If the person accused absconds or vessels after personal participation in any production stage on criminal prosecution, its notice is not required according to Article 467-13.4 of this Code and such person is considered informed about on conducting the correspondence production of criminal prosecution.

467-13.6. During pre-judicial production the resolution on opening of the correspondence production of criminal prosecution is accepted by the court exercising judicial control based on the petition of the investigator and representation of the prosecutor performing procedural management of pretrial investigation, approved with the higher prosecutor. The petition is considered according to the procedure, established by Articles 442-454 of this Code.

467-13.7. In the absence of the information about the defender elected the person accused, participation of the defender in consideration of question of opening of the correspondence production on criminal prosecution is provided with the body performing criminal procedure. Copies of the procedural documents which are subject to delivery to the person accused are transferred to the defender.

467-13.8. During preparatory court session or judicial session, and also in courts of appeal and cassation instances the issue of opening of the correspondence production of criminal prosecution is resolved on own initiative vessels or by a court decision, the accusation considering case on the basis the petition.

467-13.9. The decision on opening of the correspondence production of criminal prosecution can be made only after 3 months from the moment of the announcement of search of the person accused.

467-13.10. By consideration of question of opening of the correspondence production of criminal prosecution the court considers the following circumstances:

467-13.10.1. the taken measures for challenge charged according to this Code, to establishment of its location and transfer to the body performing criminal procedure;

467-13.10.2. providing right of the accused on receipt of legal aid and protection;

467-13.10.3. the measures taken on search and delivery (extradition) of persons accused according to this Code and international treaties which participant is the Azerbaijan Republic.

467-13.11. The copy of the judgment on the issue of opening of the correspondence production of criminal prosecution goes court to the person who submitted the petition, to the prosecutor performing procedural management of pretrial investigation, to the counsel for the accused and the person accused (except as specified when it is determined that he absconds or vessels) no later than 3 days after decision.

Article 467-14. The termination of the correspondence production of criminal prosecution during pre-judicial production

467-14.1. To the direction the investigator of the indictment to the prosecutor performing procedural management of pretrial investigation in case of voluntary appearance of the person accused or its provision in the order of the body conducting criminal procedure, the investigator immediately makes the decision on the termination of the correspondence production on criminal prosecution and informs on it the prosecutor performing procedural management of pretrial investigation. By consideration of criminal case by the prosecutor performing procedural management of pretrial investigation together with the indictment if the person accused was voluntarily or the body conducting criminal procedure was made available, the prosecutor immediately accepts provided in Article 290.3.3-1 of this Code.

467-14.2. From the moment of decision, stipulated in Article 467-14.1 of this Code, production on criminal prosecution proceeds in the general procedure established by this Code.

467-14.3. In day of voluntary appearance of the person accused or provision in the order of the body performing criminal procedure, the investigator explains to the person accused of its right and obligation, stipulated in Article 91 of this Code, including the right to submission of the petition, constitutes the protocol on it according to Articles 467-14.4 of this Code and acquaints it with the criminal case file according to the procedure, provided by Articles 284-286 of this Code.

467-14.4. Within 48 hours after the end of acquaintance with the criminal case file the person accused and his defender can declare the petition for production of the investigation and other legal proceedings concerning the person accused. The petition is considered according to the procedure and terms, stipulated in Article 287.2 of this Code.

467-14,5. Based on the petition, stipulated in Article 467-14.4 of this Code, or on own initiative the investigator the investigation and other legal proceedings concerning the person accused made during the correspondence production on criminal prosecution can be repeated, and also additional investigation and other legal proceedings can be made.

Article 467-15. The termination of the correspondence production on criminal prosecution during legal proceedings

467-15.1. In case of voluntary appearance of the person accused or provision in the court order before departure of court to the consultative room for adjudgement or other final decision the court immediately makes the decision on the termination of the correspondence production on criminal prosecution. After adoption of such decision legal proceedings are performed in the general procedure established by this Code.

467-15.2. After pronouncement of the resolution on the termination of the correspondence production on criminal prosecution the court explains to the person accused of the right and obligation, stipulated in Article 91 of this Code, including the right to the petition according to Articles 467-15.3 of this Code, and includes it in the protocol of judicial session and provides acquaintance with the criminal case file according to the procedure, provided by Articles 284-286 of this Code.

467-15.3. Within 48 hours after the end of acquaintance with the criminal case file the person accused, his defender and the prosecutor have the right to take a legal action with the petition for the following:

467-15.3.1. conducting investigation and other legal proceedings connected with the person accused;

467-15.3.2. Termination of consideration of criminal case and its return to stage of holding preparatory meeting.

467-15.4. Based on the petition, stipulated in Article 467-15.3 of this Code, or at the initiative of court concerning the person accused can repeatedly be made the investigation and other legal proceedings made during the correspondence production on criminal prosecution, to be made additional investigation and other legal proceedings, and also the decision about can be made on the termination of consideration of criminal case and its return to stage of holding preparatory meeting.

Article 467-16. Removal of judgment by default or other final decision

467-16.1. The judgment by default or other final decision is passed and performed in the general procedure provided by this Code.

467-16.2. If person concerning whom the judgment by default or other final decision is pronounced is outside the Azerbaijan Republic, for execution of judgment by default or other final decision the measures provided by this Code and international treaties which party is the Azerbaijan Republic are applied.

Article 467-17. Cancellation of legally obligatory judgment by default or other final decision and new legal proceedings

467-17.1. If person concerning whom the judgment by default or other final decision is pronounced was voluntarily after the introduction of judgment by default or other final decision in legal force or it was provided to the order of the body executing sentence, the body executing sentence immediately representation for consideration of questions of cancellation of judgment by default or other final decision and carrying out new legal proceedings takes to court, the pronounced judgment by default or other final decision.

467-17.2. Within 10 days from the date of receipt of representation the court appoints meeting for execution of sentence or other final decision of court. Presence at judicial session of person concerning which the judgment by default or other final decision is pronounced of the defender and the prosecutor is obligatory.

467-17.3. The court explains to person concerning whom the judgment by default or other final decision, the right to submit the application for cancellation of judgment by default or other final decision is pronounced and to carry out new legal proceedings, enters mark about it in minutes of judicial session, gives to person concerning whom the judgment by default or other final decision is pronounced and its defender opportunity to study the criminal case file within 10 days. In view of amount of criminal case this term is prolonged up to 30 days according to the petition of person concerning which it is pronounced judgment by default or other final decision, or his defender.

467-17.4. If within 48 hours from the moment of completion of acquaintance with the criminal case file person concerning whom the judgment by default or other final decision is pronounced or his defender did not submit the application for cancellation of judgment by default or other final decision and carrying out new legal proceedings, the judge instructs to execute judgment by default or other final decision, and the judgment by default or other final decision is performed in general procedure.

467-17,5. In case of submission by person concerning whom the judgment by default or other final decision is pronounced or of the statement for cancellation of judgment by default or other final decision and carrying out new legal proceedings by his defender, passes the decision on cancellation of judgment by default or other final decision. the final decision and for the purpose of carrying out new legal proceedings the measures provided by Articles 298 - the 307th of this Code are performed".

23. Add with Article 519.4 of the following content:

"519.4. After the introduction of judgment by default or other final decision in legal force if person concerning whom the judgment by default or other final decision is pronounced voluntarily is or will be transferred to the order of the body executing sentence, the court which pronounced judgment by default or other final decision on representation of the body executing sentence considers question of cancellation of judgment by default or other final decision and carrying out new legal proceedings".

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info