'Examination of witnesses - national proceedings' in document 'Azerbaijan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter X
OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 94. Circumstantial witness

94.2. A circumstantial witness shall fulfil the following duties in accordance with this Code :

94.2.1. to attend as required by the prosecuting authority ;
94.2.2. to disclose all relationships to the parties to the criminal proceedings at the request of the prosecuting authority ;
94.2.3. to comply with the instructions of the person carrying out the investigative procedure ;
94.2.4. during the investigative procedure in which he takes part, to follow events carefully, and not to leave the place where the procedure is taking place ;
94.2.5. to sign the record of the relevant procedure and refuse to sign it if his observations are not reflected in the record ;
94.2.6. not to divulge information about the investigative procedure in which he is participating or about facts disclosed during it without the permission of the prosecuting authority; not to divulge information about circumstances relating to the inviolability of private and family life or state, professional, commercial and other secrets ;
94.2.7. to fulfil the other duties provided for in this Code.

94.3. A circumstantial witness shall be liable under the legislation of the Azerbaijan Republic for violations of the law in the fulfilment of his duties.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter X
OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 95. Witnesses

95.4. The witness shall fulfil the following duties in accordance with this Code :

95.4.1. to attend and participate in the investigation and other procedures as required by the prosecuting authority and to answer questions fully and correctly on all facts known to him ;
95.4.2. to confirm the accuracy of his testimony by signing the record of the investigative or other procedure ;
95.4.3. to present items, documents and samples for comparative examination at the request of the prosecuting authority ;
95.4.4. to be examined at the request of the prosecuting authority ;
95.4.5. if there are strong grounds for doubting his ability to comprehend and testify, to undergo an outpatient medical examination at the request of the prosecuting authority in order to verify those abilities ;
95.4.6. to comply with the instructions of the preliminary investigator, investigator, prosecutor and court president ;
95.4.7. to be at the disposal of the court, not to go elsewhere without the permission of the court or without notifying the prosecuting authority of his whereabouts ;
95.4.8. not to leave the courtroom or the court building without the permission of the president before a break is announced ;
95.4.9. to comply with the rules of court ;
95.4.10. to fulfil the other duties provided for in this Code.

95.5. If the witness does not fulfil his duties, he shall incur liability under the legislation of the Azerbaijan Republic.