'Rights during trial - adequate preparation of defence' in document 'Azerbaijan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

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

19.4. The prosecuting authority shall secure the following rights of the suspect or accused :

19.4.3. to give him adequate time and opportunity to prepare his defence ;

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 32 Participation of both sides in criminal proceedings

32.2. In order to guarantee participation of both sides in criminal proceedings in accordance with this Code :

32.2.2. Each party shall have equal rights and opportunities to defend its position ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

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.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

91.5. The accused shall exercise the following rights in accordance with this Code :

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 ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

91.5. The accused shall exercise the following rights in accordance with this Code :

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 ;

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence