'Rights during trial - remain silent' in document 'Azerbaijan - Criminal Procedure Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 14. Guarantee of the right to liberty

14.4. The person detained or arrested shall be immediately informed of the reasons for detention or arrest, the nature of the suspicion or charge and his right not to give a statement and to seek legal aid from defence counsel.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 20. Incrimination of the suspect and his relatives

20.1. Nobody may be forced to testify against himself or his close relatives, or be prosecuted on this basis.

20.2.. During the investigation or court hearing, a person asked to give information which may incriminate him and his close relatives in respect of an offence shall have the right to refuse to incriminate them without fear of negative legal consequences for himself.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 90. The suspect

90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :

90.7.10. to give statements, not to incriminate himself or his relatives and in general to refuse to give a statement ;

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 :

91.5.10. to give statements, not to incriminate himself or his relatives and in general to refuse to testify as well as to give or refuse to give statements concerning the charge against him ;

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXVIII
QUESTIONING AND CONFRONTATION

Article 233. Questioning of an accused

233.11. During the interview, the silence of the accused may not be construed as an admission of guilt. The investigator shall suggest to the accused that he testify about the charge against him and any other circumstances which he deems to be of significance to the case.

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:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence