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 :

32.2.1. Each party shall be represented in 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 :

91.5.25. to participate in court hearings at first instance and on appeal and in the examination of the case file ;

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 :

91.5.36. 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 ;

SPECIAL PART

SECTION EIGHT
PROCEEDINGS IN THE COURT OF FIRST INSTANCE

Chapter XLI
GENERAL CONDITIONS GOVERNING COURT HEARINGS

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

311.1. During the court’s examination of the case, the accused shall participate in all the hearings of the court and shall enjoy the rights provided for in Article 91.5 and 91.6 of this Code.

311.2. A court may examine a case without the participation of the accused only in the following exceptional circumstances :

311.2.1. if the accused is outside the territory of the Azerbaijan Republic and intentionally avoids attendance at court ;
311.2.2. if a person charged with an offence which does not pose a major public threat applies for the charges against him to be examined without his participation, on condition that this does not preclude a thorough, full and objective examination of all the circumstances connected with the criminal prosecution.

311.3. If the court examines the case without the participation of the accused, the participation of his defence counsel in the hearing shall be compulsory.

311.4. Save in the circumstances provided for in Article 311.2 of this Code, if the accused fails to attend the hearing, the court’s examination of the case shall be postponed and the hearing shall be conducted at another time.

311.5. If the accused fails to attend the hearing without good reason, he may be forcibly brought to the hearing by court decision, and if there are grounds for it under this Code, a restrictive measure may be applied to him or an existing restrictive measure may be altered to a more serious one.

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

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:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it