Azerbaijan

Code of Criminal Procedure of the Azerbaijan Republic

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 127. The expert's opinion

127.1. The expert’s opinion, expressed in written form and based on his specialised knowledge of scientific, technical, artistic or professional fields, shall consist of :

127.1.1. his findings on the questions put to him by the prosecuting authority or the parties to the criminal proceedings, as well as on the investigation of other matters relating to his competence which emerge during the examination of the case file ;
127.1.2. a description of the investigation carried out by the expert to substantiate those findings.

127.2. The expert’s investigative techniques, the grounds for his answers to the questions asked, as well as other significant prosecution matters determined by the expert on his own initiative, shall be reflected in the expert's opinion.

127.3. The expert's opinion shall not be binding on the preliminary investigator, investigator, prosecutor or court; it shall be checked by the prosecuting authority in the same way as any other evidence and evaluated in the light of all the relevant facts. If the opinion is not approved, a reasoned decision to that effect shall be given.

Article 128. Material evidence

128.1. Any item that can help to determine circumstances of importance to the prosecution because of its characteristics, features, origin, place and time of discovery or the imprints it bears may be considered to be material evidence.

128.2. An item shall be considered as material evidence if so decided by the prosecuting authority.

128.3. The significance of an item as material evidence shall be accepted by the court if :

128.3.1. immediately after its acquisition, the item is described in detail and sealed, and other similar acts are carried out making it impossible significantly to alter the imprints it bears and its features or characteristics ;
128.3.2. the suspect, accused, victim or witness recognises it immediately before it is examined in court.

Keywords

Other forms of cooperation
Cooperation under procedures of national law
Admissibility of evidence - national proceedings
Taking of evidence - national proceedings



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