General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 152. Detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release

152.1. In the following cases the institution or authority enforcing the sentence shall submit a recommendation for the court to give a decision on the detention of the sentenced person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release :

152.1.1. if the sentenced person escapes and hides or attempts to avoid going to the appropriate institution or authority ;
152.1.2. if the sentenced person constantly and intentionally evades performing the duties imposed on him by the court.

152.2. When making the decision about detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, the court shall decide on the period of detention within 7 (seven) days of the date on which he was detained.

152.3. The court decision about the detention of a person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release shall be sent for enforcement to the police authority in the home area of the sentenced person. The authority which has implemented the decision about detention shall immediately inform the court of this.

152.4. The detention of a person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release may not exceed the period set by the court; within this period the detained person shall be brought to court and the court shall examine the case without delay and decide about forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, as well as whether the sentence handed down in the judgment is to be executed or the person is to be released.

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 495. Arrest of a person with a view to extradition

495.1. When a request for extradition and a copy of the arrest warrant are received from the competent authority of a foreign state, the prosecuting authority of the Azerbaijan Republic to which the request is addressed may if necessary, and in accordance with the provisions of this Code, take measures to have the person detained and arrested before the decision on extradition is taken.

495.2. In accordance with Article 495.1 of this Code, the arrested person shall have the right to apply to a court to confirm, amend or annul the restrictive measure applied to him.

495.3. Where necessary, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall also be empowered, in compliance with the provisions of this Code and at the request of the competent authority of the foreign state, to detain for the purposes of legal assistance a person in respect of whom no official request for extradition has been received. In this case the appropriate application :

495.3.1. shall have been received in advance by mail, telegram, telex or fax ;
495.3.2. shall refer to the arrest warrant or the final court judgment ;
495.3.3. shall confirm that the official request for extradition will be made within the next 48 hours.
495.4. The prosecuting authority of the Azerbaijan Republic shall immediately inform the requesting competent authority of the foreign state that the person has been detained or arrested on the basis of the official request for extradition, or that he has been detained for the purposes of legal assistance at the request of the foreign state, pending receipt of the official request for extradition.

495.5. A person arrested in accordance with Articles 495.1 and 495.3. of this Code shall have the right to complain to a court about the acts of the prosecuting authority.