General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 36. Guarantee of the restoration of the violated rights of an acquitted person

36.1. During criminal proceedings, the prosecuting authority shall guarantee the right of persons covered by Articles 55 and 56 of this Code to have their violated rights and liberties restored and to claim damages.

36.2. The rights of persons who have suffered injury as a result of misuse of official powers or a criminal offence and persons convicted without grounds, unlawfully arrested or whose rights were otherwise limited during criminal proceedings shall be restored in accordance with this Code and other laws of the Azerbaijan Republic.

General Part

FIRST SECTION
Main Provisions

Chapter V
ACQUITTAL OF THE ACCUSED

AWARD OF DAMAGES

Article 56. Persons entitled to damages

56.0. The following persons shall have a right to compensation for the prejudice caused by error or abuse by the prosecuting authority :

56.0.1. an accused who is acquitted ;
56.0.2. a person against whom the criminal prosecution is discontinued on the grounds of Articles 39.1.1., 39.1.2., 39.1.6.-39.1.8. and 39.2. of this Code ;
56.0.3. a person against whom the criminal prosecution should have been discontinued on the grounds of Articles 39.1.3., 39.1.4., 39.1.10. and 39.1.11. of this Code, but was not discontinued in time and was pursued.
56.0.4. a person against whom the criminal prosecution should have been discontinued on the grounds of Article 39.1.12. of this Code, but continued although that decision was upheld ;
56.0.5. a person unlawfully arrested or placed in a medical or educational institution by force or a person kept in detention on remand without legal grounds for longer than the prescribed period of time ;
56.0.6. a person unlawfully subjected to coercive procedural measures during the criminal proceedings in the circumstances provided for in Articles 176 and 177 of this Code.

Article 57. Characteristics of compensation

57.1. The persons provided for in Article 56 of this Code shall be paid compensation for non-material, physical and material damage resulting from error or abuse by the prosecuting authority. These persons’ residence and labour rights shall also be restored ; if that is not possible, they shall be guaranteed financial compensation for breach of these rights.

57.2. The prejudice caused shall be calculated from the following time :

57.2.1. for the persons provided for in Article 56.0.1., 56.0.2., 56.0.5. and 56.0.6. of this Code, 7 (seven) days after the date when the prosecuting authority knows or should have known the circumstances which preclude prosecution ;
57.2.2. for the persons provided for in Article 56.0.3. and 56.0.4. of this Code, from the moment when the criminal law or the amnesty act comes into force.

57.3. Persons provided for in Article 56 of this Code who either came forward voluntarily or made a statement of guilt in court which was later disproved, and who thereby created an opportunity for the start of criminal proceedings against them and for the application of coercive procedural measures, shall not receive compensation.

Article 58. Compensation for prejudice suffered

58.1. Material prejudice as a result of error or abuse by the prosecuting authority shall be substantiated, then calculated and compensated for in full.

58.2. Physical and non-material damages shall be paid on the basis of fair assessment by the court if no other statutory arrangement is laid down.

58.3. Compensation shall be paid as follows to the persons provided for in Article 56 of this Code :

58.3.1. loss of salary, pension, allowances and other income ;
58.3.2. loss of property caused by forfeiture, transfer to the state, removal by the investigating authorities or distraint ;
58.3.3. legal costs ;
58.3.4. fees paid to defence counsel ;
58.3.5. fines paid or taken during the execution of the sentence.

58.4. Sums spent on detention on remand, court expenses or remuneration of compulsory work during detention on remand may not be deducted from the sum to be paid to the person by way of damages for error or abuse by the prosecuting authority.

58.5. If the compensation is paid on the grounds of acquittal or a decision to discontinue the criminal prosecution, and if that decision is later rescinded in respect of that person and he is convicted in the same criminal case, the return of the sum paid as compensation may be ordered by the court.

Article 59. Restoration of other rights in relation to compensation for damages

59.1. The persons provided for in Article 56 of this Code shall have the following rights regarding compensation for prejudice suffered :

59.1.1. to be reinstated in their previous position; if that is not possible, to be appointed to an equivalent position or to receive financial compensation for loss of the previous position ;
59.1.2. to include the periods of deprivation of liberty and restricted liberty in their periods of employment ;
59.1.3. to return to their previous residence; if that is not possible, to move to equivalent accommodation with regard also to district and situation ;
59.1.4. to restoration of any special or military rank ;
59.1.5. to the return of any honorary title or state award.

59.2. At the request of the person acquitted or the person against whom the criminal prosecution was discontinued :

59.2.1. the court or investigating authority shall inform within 2 weeks the previous or present employer, the place of study and place of residence ;
59.2.2. Any media publishing information about the criminal prosecution which besmirches the name of the suspect or the accused shall announce within one month the final judgment on the case, without casting doubt on the innocence of the individual.

59.3. The prosecuting authority shall apologise in writing to a person who was detained on remand or charged as a result of error or abuse on the part of that authority.

Article 60. Persons entitled to claim damages

60.1. Persons provided for in Article 56 of this Code, their legal representatives and their heirs in order of kinship shall be entitled to claim and to receive compensation as a result of error or abuse by the prosecuting authority. In the case of decease of the person entitled to receive compensation, the members of the family who are entitled to a pension in respect of that person as head of the household shall also have the right to this compensation.

60.2. The action provided for in Article 59.2. of this Code may be demanded by any relative in the case of decease or loss of legal capacity of the person provided for in Article 56 of this Code. In such circumstances, a territorial prosecutor or specialised prosecutor shall also have the right to make the appropriate request, with which the media concerned shall be obliged to comply.

Article 61. Recognition of the right to claim damages

61.1. The right to claim damages for prejudice caused in the course of the criminal proceedings shall be recognised in the final judgment acquitting the accused or in the decision to discontinue the criminal prosecution.

61.2. If compensation for the prejudice caused by error or abuse on the part of the prosecuting authority is not covered by the acquittal or the decision to discontinue the criminal prosecution, this matter shall be resolved after the end of the criminal proceedings.

Article 62. Explanation of the right to claim damages

62.1. If the payment of compensation for the prejudice caused by error or abuse on the part of the prosecuting authority is not possible in the course of the criminal prosecution, the court which ordered the acquittal and the preliminary investigator, investigator or prosecutor who decided to discontinue the prosecution shall explain the rules governing payment of compensation to the person to whom it is due or, if there is no such person, to the other person provided for in Article 60.2. of this Code, after the end of the criminal prosecution.

62.2. A separate record shall be drawn up concerning the explanation given to the person as regards the right to damages for prejudice caused by error or abuse on the part of the prosecuting authority.
Article 63. Rules governing compensation for prejudice caused after the end of the criminal prosecution
The rules governing payment of compensation for prejudice caused by error or abuse on the part of the prosecuting authority after the end of the criminal prosecution shall be implemented in civil proceedings in accordance with the law of the Azerbaijan Republic on "the right to compensation for individuals who have suffered prejudice through unlawful acts of the investigating and preliminary investigating authorities, the public prosecutor’s office and court authorities ".

Article 63. Rules governing compensation for prejudice caused after the end of the criminal prosecution

The rules governing payment of compensation for prejudice caused by error or abuse on the part of the prosecuting authority after the end of the criminal prosecution shall be implemented in civil proceedings in accordance with the law of the Azerbaijan Republic on "the right to compensation for individuals who have suffered prejudice through unlawful acts of the investigating and preliminary investigating authorities, the public prosecutor’s office and court authorities ".

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 :

90.7.22. to be reimbursed for the costs incurred during the proceedings and to receive compensation for prejudice incurred as a result of unlawful acts by the prosecuting authority ;

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 :

91.5.40. to be reimbursed for costs incurred during the proceedings and receive compensation for prejudice caused by unlawful acts of the prosecuting authority ;