Azerbaijan

Code of Criminal Procedure of the Azerbaijan Republic

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter VIII
The prosecution

Article 87. The victim

87.6. The victim shall have the following rights in accordance with this Code :

87.6.1. to know the nature of the charge ;
87.6.2. to give statements ;
87.6.3. to make submissions ;
87.6.4. to present evidence to add to the case file for examination in court ;
87.6.5. to raise objections ;
87.6.6. to submit applications ;
87.6.7. at any time before the beginning of the court hearings, to ask to be recognised as a victim bringing a private prosecution ;
87.6.8. to raise objections to the acts of the prosecuting authorities and to ask that these objections be noted in the records of the investigation and of other procedures ;
87.6.9. to take cognisance of the records of the investigation or other procedures in which he takes part, to make observations on the accuracy and completeness of the written record ; while taking part in the investigation and other procedures as well as in the court hearing, to ask that the requisite facts be properly recorded ; and to take cognisance of the record of the hearing and add observations to it ;
87.6.10. from the time of the end of the investigation, including the time of the discontinuation of the criminal proceedings, to acquaint himself with the case file and to make copies of the necessary documents relating to it ;
87.6.11. to take part in the hearings of courts of first instance and appeal and in the examination of the case file ;
87.6.12. to speak and reply at the hearings of first instance and appeal courts if his representative is not present ;
87.6.13. to be informed of the decisions taken by the prosecuting authority which affect his rights and legal interests and on request, to receive copies of these decisions; to receive copies of the decisions on discontinuing the proceedings, charging of the accused and waiving of the criminal prosecution, the indictment, the judgment and court decisions ;
87.6.14. to appeal to the court of appeal or the Supreme Court against the decisions and acts of the preliminary investigator, investigator, prosecutor or court, including the judgment and other decisions of the court ;
87.6.15. to become reconciled with the accused while conducting a private prosecution ;
87.6.16. to raise objections about circumstances known to him from the information provided by the prosecuting authority or the complaints of parties to the criminal proceedings ;
87.6.17. to take part in Supreme Court hearings on appeal, on additional appeal or on the basis of newly discovered facts further to a complaint of his own, or if he has an objection to a complaint by another party to the criminal case ;
87.6.18. to receive compensation from the state as determined by law for prejudice suffered as a result of the act provided for in criminal law ;
87.6.19. to be reimbursed for the costs incurred during the proceedings and receive compensation for damage caused by illegal acts of the prosecuting authority ;
87.6.20. to recover property and originals of official documents belonging to him taken as material evidence or on other grounds by the prosecuting authority; to recover property from the person who committed the criminal offence ;
87.6.21. to appoint and dismiss a representative ;
87.6.22. to withdraw any complaint lodged by him or his representative, including a complaint concerning the commission of criminal acts against him ;
87.6.23. to exercise the other rights provided for in this Code.

Keywords

Victims' rights - national proceedings



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