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

19.5. The prosecuting authority shall involve the legal representative of the suspect or the accused in the manner provided for in this Code.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 32 Participation of both sides in criminal proceedings

32.1. In the Azerbaijan Republic the conduct of criminal proceedings shall be based on the adversarial principle.

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 ;
32.2.2. Each party shall have equal rights and opportunities to defend its position ;
32.2.3. The prosecution shall seek to prove the criminal act, the ingredients of the statutory offence, the involvement of the accused in committing this offence and the possible criminal responsibility of the accused, and shall offer suggestions as to the legal classification of the accused person’s act and the final decision of the court ;
32.2.4. The defence shall refute the prosecution’s arguments concerning the criminal charge, draw the attention of the judicial authority to the circumstances which preclude or mitigate criminal responsibility and offer suggestions as to the legal classification of the accused person’s act and the final decision of court ;
32.2.5. Each party shall independently choose its own position and determine its means and methods ;
32.2.6. The court shall assist in obtaining any additional documents required at the request of each party in the criminal proceedings ;
32.2.7. The court judgment shall be based only on the evidence secured and examined with the equal participation of the parties ;
32.2.8. The public prosecutor and the victim bringing a private prosecution shall conduct or withdraw the prosecution ;
32.2.9. The accused shall be free to deny his guilt or to plead guilty ;
32.2.10 The civil party may withdraw his claim or sign a reconciliation agreement with the defendant to his claim ;
32.2.11 The defendant to the civil claim may admit the claim or sign a reconciliation agreement with the civil party.

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 :

90.7.14. to participate in investigative or other procedures or to refrain from participating in them unless this is prohibited by another article of this Code ;

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 :

90.7.15. to participate in investigative or other procedures conducted at his own request with the aid of his defence counsel ;
90.7.16. to present evidence and other materials for inclusion in the case file ;

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(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;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(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;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.