'Appeal relating to a decision involving an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial - national proceedings' 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 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.