Azerbaijan

Code of Criminal Procedure of the Azerbaijan Republic

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter X
OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 95. Witnesses

95.2. The following persons may not be called or questioned as witnesses :

95.2.1. those who because they are under age or because of their physical or mental disabilities cannot understand and testify about the matters to be investigated in the criminal proceedings ;
95.2.2. lawyers who have information relating to the criminal proceedings in connection with their legal services as defence counsel ;
95.2.3. persons who have information relating to the criminal proceedings in connection with their participation therein as representative of the victim, civil party or defendant to the civil claim ;
95.2.4. except in cases where there have been deficiencies or misuse of power during the criminal prosecution, where the case is reopened because of newly discovered facts or where a lost case file is restored, the judge, jurors, prosecutor, preliminary investigator, investigator or clerk of the court who have exercised their procedural responsibilities in connection with the criminal proceedings.

95.3. Defence counsel and persons who have information on the criminal case in connection with their participation as representatives of the victim, civil party or defendant to the civil claim may testify in favour of the person they are defending or whose rights they represent, with that person’s consent. This shall preclude the subsequent participation of those persons in the criminal proceedings.

Keywords

Protection of safety of physical or psychological well-being of victims, witnesses and families



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