Azerbaijan

Code of Criminal Procedure of the Azerbaijan Republic

SPECIAL PART

SECTION NINE
PROCEEDINGS IN THE COURTS OF APPEAL AND THE SUPREME COURT

Chapter XLVII
RE-EXAMINMATION OF COURT JUDGMENTS AND DECISIONS ON APPEAL

Article 383. Persons entitled to lodge a complaint or appeal

383.1. The following shall have the right to lodge a complaint with a court of appeal :

383.1.1. as regards the interests of the person convicted: the person convicted, his legal representative or his defence counsel ;
383.1.2. as regards the evidence and grounds for acquittal - the person acquitted, his legal representative or his defence counsel ;
383.1.3. as regards the application of compulsory corrective training measures - the minor himself, his legal representative or his defence counsel ;
383.1.4. as regards the application of compulsory medical measures - the legal representative and defence counsel of the person to whom the compulsory medical measure has been applied, and the person himself if the nature of his illness does not preclude him from exercising his rights ;
383.1.5. as regards the interests of the victim as part of his requests to the court of first instance - the victim (or victim bringing a private prosecution) and his representative ;
383.1.6. as regards the civil claim - the civil party, the defendant to the civil claim and their legal representatives or representatives.

383.2. The public prosecutor participating in the examination of a case in the court of first instance shall have the right to lodge an appeal against any part of the judgment which does not take into consideration his conclusions and proposals. If the afore-mentioned public prosecutor dies, disappears, becomes chronically ill or deliberately fails to lodge an appeal, the Principal Public Prosecutor of the Azerbaijan Republic or his deputy shall have the right to lodge an appeal in place of the public prosecutor who participated in the case before the court of first instance.

383.3. Complaints by close relatives of the victim or of the person convicted shall give rise to appeal proceedings only if these persons are allowed to participate in the case, as legal representatives of the accused or the victim, by the investigator or the court of first instance in accordance with the rules of this Code.

Keywords

Appeal against decision of acquittal or conviction or against sentence - national proceedings
Appeal against other decisions - national proceedings



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