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.
Fair trial standards
Equality of arms
EDIT.