General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 35. Guarantee of the right to re-apply to a court

35.1. A party to criminal proceedings shall have the right to complain to a higher court, in accordance with this Code, against the procedural decisions and acts of the court dealing with the criminal case or other prosecution material.

35.2. Any person convicted shall enjoy the following rights when complaining to a higher court :

35.2.1. to request a retrial, alleging that the judgment was unlawful or groundless ;
35.2.2. to request a reduction of the penalty to which he was sentenced.

35.3. The rights of the person convicted as provided for in Articles 35.1 and 35.2 of this Code may not be restricted.

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 :

91.5.31. to appeal against the judgment and other decisions of the court to the court of appeal and the Supreme Court, or to the latter on additional appeal, and to receive copies of those decisions ;

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVII
RESTRICTIVE MEASURES

Article 157. Arrest

157.6. The parties to criminal proceedings may complain to the appeal court about a court decision to apply, or not to apply, arrest as a restrictive measure. The decision of the appeal court on this matter shall be final.

SPECIAL PART

SECTION NINE
PROCEEDINGS IN THE COURTS OF APPEAL AND THE SUPREME COURT

Chapter XLVII
RE-EXAMINMATION OF COURT JUDGMENTS AND DECISIONS ON APPEAL

Article 383. Persons entitled to lodge a complaint or appeal

383.1. The following shall have the right to lodge a complaint with a court of appeal :

383.1.1. as regards the interests of the person convicted: the person convicted, his legal representative or his defence counsel ;
383.1.2. as regards the evidence and grounds for acquittal - the person acquitted, his legal representative or his defence counsel ;
383.1.3. as regards the application of compulsory corrective training measures - the minor himself, his legal representative or his defence counsel ;
383.1.4. as regards the application of compulsory medical measures - the legal representative and defence counsel of the person to whom the compulsory medical measure has been applied, and the person himself if the nature of his illness does not preclude him from exercising his rights ;
383.1.5. as regards the interests of the victim as part of his requests to the court of first instance - the victim (or victim bringing a private prosecution) and his representative ;
383.1.6. as regards the civil claim - the civil party, the defendant to the civil claim and their legal representatives or representatives.

383.2. The public prosecutor participating in the examination of a case in the court of first instance shall have the right to lodge an appeal against any part of the judgment which does not take into consideration his conclusions and proposals. If the afore-mentioned public prosecutor dies, disappears, becomes chronically ill or deliberately fails to lodge an appeal, the Principal Public Prosecutor of the Azerbaijan Republic or his deputy shall have the right to lodge an appeal in place of the public prosecutor who participated in the case before the court of first instance.

383.3. Complaints by close relatives of the victim or of the person convicted shall give rise to appeal proceedings only if these persons are allowed to participate in the case, as legal representatives of the accused or the victim, by the investigator or the court of first instance in accordance with the rules of this Code.