SPECIAL PART
SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION
Chapter XXVIII
QUESTIONING AND CONFRONTATION
Article 226. Rules governing summons for questioning
226.1. Witnesses, victims, suspects, the accused and other persons shall be called to appear before the investigator by a summons served on them in person, or in their absence, transmitted via an adult member of their family, a neighbour, a representative of the relevant housing organisation or their place of work or study. Summons may be issued by telegram, telephone or fax.
226.2. The summons shall state who is called to appear, in which procedural capacity, and where and when (date and time). The summons shall indicate that if the person fails to attend, a warrant for him to be brought in by force shall be issued in accordance with Article 178 of this Code.
226.3. Minors shall as a rule be summoned via their legal representatives.
226.4. A suspect or accused who is detained on remand shall be summoned via the authority in charge of the remand facility where he is held.
Article 227. Questioning of witnesses
227.1. A witness may be questioned on any matter of significance to the criminal prosecution, including the identity of the suspect, the accused, the victim, and other witnesses. A witness’s lawyer or other representative shall be entitled to participate.
227.2. Witnesses shall be questioned at the place where the investigation is conducted and, where necessary, at their home.
227.3. Witnesses shall be questioned separately from other witnesses. Throughout the questioning the investigator shall take measures to prevent witnesses called in the same case from contacting each other.
227.4. Before questioning witnesses, the investigator shall determine their identity, inform them of the case in which they are called and of their duty to give evidence on all the circumstances of the case known to them and warn them of the criminal responsibility incurred for refusing to testify, evading questioning and intentionally giving false testimony. The witness shall be informed that he is not obliged to testify against himself or close relatives. The investigator shall then establish the witness’s relations with the suspect, accused and/or victim and begin the interview.
227.5. The interview shall begin with a proposal to the witness to relate all the circumstances connected with the criminal prosecution, following which he may be questioned.
227.6. The investigator shall be entitled to interview the witness using audio, video, film and other recording techniques.
Article 228. Questioning of under-age witnesses
228.1. If an under-age witness can provide information of significance to the case either verbally or in another form, he may be questioned notwithstanding his age.
228.2. If a witness is under 14 years old, or, at the investigator’s discretion, under 16 years old, the interview shall be held with the participation of his teacher or, where necessary, a doctor and the witness’s legal representative.
228.3. Before the start of the interview, these persons shall be informed of their right to participate in the interview, to make observations with the agreement of the investigator and to put questions ; they shall also be informed of their duties. The investigator may refuse to answer their questions, but shall note them in the record of the interview. All observations made by the witness and those participating in the interview shall be included in the record.
228.4. A witness who is under 16 years old shall merely be informed of his duty to tell the truth. However, he shall not be warned of the criminal responsibility incurred for refusal to testify, evading questioning and intentionally false testimony.
Article 229. Questioning of dumb, deaf or blind witnesses or witnesses who suffer from a serious illness
229.1. An interview with a dumb, deaf or blind witness shall be held with the participation of a person who understands his signs or who can communicate with him in sign language. This person’s participation in the interview shall be noted in the record.
229.2. Where a witness suffers from a mental or other serious illness, the interview shall be held with the permission and the participation of a doctor.
229.3. When a dumb, deaf or blind witness or a witness who suffers from a serious illness is questioned, his representative and legal representative shall be entitled to participate.
Article 230. Records of interviews with witnesses
230.1. A record of the interview shall be drawn up, indicating the following :
230.1.1. the date, time and place of the interview ;
230.1.2. the investigator‘s family name, first name, father’s name and title ;
230.1.3. the witness’s family name, first name and father’s name and year, month, day and place of birth ;
230.1.4. the witness’s nationality, education, workplace, occupation or status, address and place of registration ;
230.1.5. information about the witness’s relations with the suspect, the accused and the victim ;
230.1.6. a note that the witness has been informed of his rights, duties and responsibilities ;
230.1.7. a note about the circumstances of the interview, especially the use of audio, video, film or other recording equipment during questioning of the witness ;
230.1.8. the questions put to the witness and his answers to these questions as well as any statement made by the witness concerning the facts of the case.
230.2. The witness’s statements and answers to the questions put shall be recorded in the first person singular and as far as possible verbatim.
230.3. During the interview the witness shall give evidence in the language of the Azerbaijan Republic or in the language he knows. Where the witness does not know the official language or the language in which the preliminary investigation is conducted, an interpreter shall be summoned to participate in the interview. At the witness’s request, his statement shall be translated into the language he knows. The record shall be signed by the witness and the interpreter. The record shall be included in the case-file.
230.4. On request, a witness may be given permission to testify in writing, and an appropriate note shall be made in the record of the interview.
230.5. On completing the interview, the investigator shall show the witness the record. The witness shall be entitled to ask the investigator to make additions and amendments to the record of the interview.
230.6. The record of the interview shall be signed by the investigator and the witness at the end of the document and also, by the witness, on each page. If the interview is conducted with the assistance of an interpreter, the interpreter shall sign the record together with the witness, the interpreter signing first.
230.7. If the witness refuses to sign the record, the investigator shall inquire as to the reason for this refusal and endorse the record with his own signature. If the witness cannot sign the record because of illiteracy or physical disabilities, the investigator shall note these circumstances in the record and endorse the record with his own signature.
230.8. The record of the interview shall be included in the case-file. If audio, video, film or other recording techniques are used during the interview, the relevant documents, tapes or other information devices shall be attached to the record.
Article 231. Questioning of victims
An interview of a victim shall be conducted in accordance with the rules laid down in Articles 227-230 of this Code for the questioning of witnesses.
232.1. A suspect shall be interviewed immediately after being taken into custody or after pronouncement of the decision concerning any restrictive measure to be applied in his case.
232.2. A suspect who has been taken into custody or an accused who has been arrested shall be entitled to give evidence in the presence of his defence counsel. When questioning suspects, the investigator shall take steps in advance to guarantee the presence of counsel in the circumstances provided for in Article 92.3 of this Code. In the circumstances provided for in Article 92.12 of this Code, the participation of defence counsel in the interview of the suspect shall be compulsory.
232.3. The investigator shall be entitled to question a suspect using audio, video, film or other recording techniques.
232.4. Before questioning the suspect, the investigator shall inform him of the nature of the offence of which he is suspected as well as of his rights, including the right to refuse to testify and to the assistance of defence counsel.
232.5. The investigator shall begin the interview by suggesting to the suspect that he testify about the suspicions against him and any other circumstances which he deems to be of significance to the case.
Article 233. Questioning of an accused
233.1. The investigator shall interview the accused immediately after preferring charges against him.
233.2. Except in cases which do not admit delay, the interview with the accused may only be held during the daytime.
233.3. The interview with the accused shall be held on the premises where the investigation is being conducted or, if necessary, at the place where the accused is held.
233.4. The accused shall be questioned separately from other persons involved in the case. The investigator shall take measures to prevent the accused from speaking to other persons involved in the case.
233.5. Defence counsel shall be entitled to participate in the interview with the accused. The investigator shall take steps in advance to guarantee the participation of counsel in the circumstances provided for in Article 92.3 of this Code. In the circumstances provided for in Article 92.12 of this Code, the participation of defence counsel in the interview of the accused shall be obligatory.
233.6. Where the accused is a minor or is dumb, deaf, blind or suffers from a serious illness, the interview shall be conducted in accordance with Articles 228.2 and 229 of this Code.
233.7. The accused shall be questioned on the substance of the charge against him as well as on other matters of significance to the case.
233.8. The investigator shall be entitled to question the accused using audio, video, film or other recording techniques.
233.9. Before the start of the interview the investigator shall inform the accused of his rights to the assistance of defence counsel and to refuse to testify.
233.10. Before the interview the investigator shall ascertain whether or not the accused pleads guilty to the charge against him.
233.11. During the interview, the silence of the accused may not be construed as an admission of guilt. The investigator shall suggest to the accused that he testify about the charge against him and any other circumstances which he deems to be of significance to the case.
Article 234. Record of an interview with a suspect or accused
234.1. A record shall be drawn up of every interview with a suspect or accused and shall state the following :
234.1.1. the date, time and place of the interview :
234.1.2. the investigator‘s family name, first name, father’s name, and title ;
234.1.3. the family name, first name and father’s name of the suspect or the accused as well as his year, month, day and place of birth, his nationality, education, family status, workplace, occupation or status, address and place of registration ;
234.1.4. whether the suspect or the accused has been previously convicted or has received state honours, and other information characterising the suspect or the accused and of significance to the case ;
234.1.5. a note that the suspect or the accused has been informed of his rights and duties ;
234.1.6. the circumstances of the interview with the suspect or the accused, especially the use of audio, video, film or other recording techniques ;
234.1.7. the questions put to the suspect or the accused and his answers to these questions as well as any statement about the circumstances of the case made by the suspect or the accused.
234.2. Statements made by the suspect or the accused and his answers to the questions put shall be recorded in the first person singular and as far as possible verbatim.
234.3. The suspect or the accused shall be given the opportunity to make a statement in handwritten form and the investigator shall note this in the record. After the investigator has taken cognisance of the written statement by the suspect or the accused, he may put additional questions to him. These questions and the answers to them shall be included in the record.
234.4. On completing the interview, the investigator shall show the suspect or the accused the record. The suspect or the accused shall be entitled to request additions and amendments to the record. Their inclusion in the record shall be compulsory.
234.5. The record shall be signed by the suspect or the accused and the investigator. If the record drawn up covers several pages, each page shall be signed separately by the suspect or the accused.
234.6. If audio, video, film or other recording techniques are used during the interview, the relevant documents, tapes and other information devices shall be attached to the record.
Other forms of cooperation
National procedures for execution of requests for other forms of cooperation
Questioning of persons - national proceedings
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