'Rights during investigation - questioned in presence of counsel' 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

19.3. During the questioning of the victim or witnesses, the prosecuting authority may not prevent the lawyer invited by them as their representative from accompanying them.

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 :

19.4.1. to have the assistance of the counsel for the defence from the moment of detention or arrest, as the suspect before the first interrogation or as the accused as soon as charges have been laid ;

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 :

90.7.5. to have access to defence counsel from the time of the decision on detention or on the choice of restrictive measure ;

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 :

90.7.9. to have the help of defence counsel free of charge and, at his own request, to make statements with his defence counsel present ;

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 :

91.5.9. to be questioned at his own request with his defence counsel present ;

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXVIII
QUESTIONING AND CONFRONTATION

Article 233. Questioning of an accused

233.5. Defence counsel shall be entitled to participate in the interview with the accused. The investigator shall take steps in advance to guarantee the participation of counsel in the circumstances provided for in Article 92.3 of this Code. In the circumstances provided for in Article 92.12 of this Code, the participation of defence counsel in the interview of the accused shall be obligatory.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.