COERCIVE PROCEDURAL MEASURES
Article 147. The use of detention during criminal proceedings
147.1. Detention during criminal proceedings may be applied only to the following :
147.1.1. a person suspected of committing an offence ;
147.1.2. a person who is to be charged or an accused who has violated the conditions governing the restrictive measure applied to him ;
147.1.3. a sentenced person, in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release.
147.2. Detention shall be applied in the following circumstances :
147.2.1. if there is a suspicion that the person concerned committed an offence ;
147.2.2. if there is an appropriate decision by the prosecuting authority about a person covered by Article 147.1.2 ;
147.2.3. if there is a court decision on the detention of a sentenced person pending settlement of the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release.
147.3. The illegal detention of a person shall entail liability under the legislation of the Azerbaijan Republic.
Article 148. Detention of persons suspected of committing an offence
148.1. A person suspected of committing an offence shall be detained if there is a direct suspicion that he committed the offence or other information giving grounds for suspicion that he committed the act provided for in criminal law.
148.2. If there is a direct suspicion that a person committed an offence, the preliminary investigator, another official of the preliminary investigating authority, the investigator or the prosecutor may detain him in the following cases :
148.2.1. if the person is caught in the act of committing an offence provided for in criminal law or immediately thereafter on the scene of the offence ;
148.2.2. if the victim or other witnesses to the act themselves assert that the act provided for in criminal law was committed by this person ;
148.2.3. if clear marks indicative of the commission of the criminal act are discovered on the person's body, on his clothes or on other items he uses, in his home or in his means of transport.
148.3. If there is other information giving grounds to suspect a person of committing an act provided for in criminal law, he may be detained by the preliminary investigator, another official of the investigating authority, the investigator or the prosecutor in the following cases :
148.3.1. if he tries to escape from the crime scene into hiding, or to hide from the prosecuting authority ;
148.3.2. if he has no permanent home or lives in another area ;
148.3.3. if his identity cannot be established.
148.4. In the circumstances provided for in Article 148.1 and 148.2 of this Code, the person may be detained before the start of the criminal case. If no decision to start the criminal case is taken within 24 hours of the person being detained, the person shall be released immediately. Even if this decision is taken, the detention of the person may not exceed 48 hours. The detained person shall be charged within 48 hours of being taken into custody and shall be brought before a court ; the court shall examine the case without delay and decide between arrest as a restrictive measure and release.
Article 149. Apprehension of a person who has committed an offence with the aid of a person who witnessed the act
149.1. If the person committing an offence tries to escape during or immediately after the offence, a witness to the act may assist the prosecuting authority in apprehending the person, as follows :
149.1.1. he may tie up the person’s hands and feet if he resists ;
149.1.2. if the person who committed the offence is thought to have a gun or other dangerous weapon or to be carrying anything else which may be of significance to the criminal case, he may search him and seize these items for presentation to the prosecuting authority.
149.2. If he is not an official of the prosecuting authority, the person apprehending the offender shall immediately call the police, and, if this is impossible, shall bring the detained person to the police by force without delay.
Article 150. Detention of a person to charge him
150.1. If the evidence collected on a criminal case gives grounds to suppose that a person has committed an act provided for in criminal law, and if this person lives in another area or if his abode is not known, the investigator or prosecutor may decide to detain him. If a person hides from the prosecuting authority or intentionally fails to comply with a summons, and it is decided to detain him in order to charge him, the investigator or prosecutor shall at the same time announce a search for him.
150.2. Any official of the preliminary investigating authority, investigator or prosecutor who traces the suspect shall execute the decision to detain him in order to charge him, and immediately afterwards shall inform the investigator or prosecutor who took that decision.
150.3. The detention of the suspect shall not exceed 48 hours before he is charged. Pending the decision on arrest as a restrictive measure, the detained person shall be brought before a court within 48 hours of being taken into custody, and the court shall examine the case without delay and decide between arrest as a restrictive measure and release.
COERCIVE PROCEDURAL MEASURES
Article 157. Arrest
157.1. In accordance with the principle of the presumption of innocence, if the connection of the person to the offence committed is not proven, he may not be arrested or unnecessarily detained on remand.
157.2. Arrest as a restrictive measure may be chosen in the light of the requirements of Articles 155.1 - 155.3 of this Code.
157.3. A person arrested on the grounds of a court decision may not be held in a temporary detention facility for longer than 24 hours, and before the expiry of this period, he shall be transferred to the investigating authority’s remand facility (this period shall not include the time spent transporting the arrested person to the remand facility).
157.4. The investigator, the prosecutor in charge of the procedural aspects of the investigation or the court may instruct the authority in charge of the remand facility to hold persons charged with the same offence or related offences apart and to prevent conversations between the accused and other arrested persons, as well as on other matters, provided that these do not contravene the rules on detention on remand.
157.5. When examining the question of arrest as a restrictive measure, the court, if it decides that there is no need to isolate the accused from society by detaining him on remand, shall have the right to substitute house arrest for arrest. The court may simultaneously make its decision about arrest and resolve the matter of releasing the accused from arrest by granting bail, and if this release is considered possible, it shall determine the amount of bail. The court may review its decision about the inadmissibility of bail and the amount of bail at the request of the defence.
157.6. The parties to criminal proceedings may complain to the appeal court about a court decision to apply, or not to apply, arrest as a restrictive measure. The decision of the appeal court on this matter shall be final.
157.7. A court which has decided on arrest as a restrictive measure shall have the right to change or cancel this decision before the end of the remand period on the basis of a submission by the prosecutor in charge of the procedural aspects of the procedural aspects of the investigation.
157.8. The investigator or the prosecutor in charge of the procedural aspects of the investigation may discontinue the application of arrest as a restrictive measure decided by a court only in the following cases :
157.8.1. if, according to medical opinion, the seriousness of the accused person’s illness makes it impossible to detain him on remand ;
157.8.2. if a decision is made to the effect that the act committed by the accused is not an offence posing a major public threat.
Article 158. The remand period
158.1. At the pre-trial stage of the criminal case, when it chooses arrest as a restrictive measure, the court shall specify a remand period of up to 2 (two) months in respect of offences which do not pose a major public threat or minor offences and of up to 3 (three) months in respect of serious and very serious offences.
158.2. The remand period shall begin at the time of actual arrest if the accused is detained or, if he is not held, at the time of the implementation of the court decision on arrest as a restrictive measure. The following shall be included in the period for which the suspect or accused is detained on remand :
158.2.1. the period of detention and remand ;
158.2.2. the period of house arrest ;
158.2.3. the period during which he was detained in a medical establishment for an in-patient medical report under coercive procedural measures or on account of temporary illness.
158.3. At the pre-trial stage of the criminal case, the remand period, other than in cases of prolongation of the period as prescribed by Article 159 of this Code, may not exceed the above-mentioned periods. The remand period in respect of the suspect or accused shall be calculated by adding together all periods of detention on remand, house arrest and time spent at a medical establishment. The remand period at the pre-trial stage of the criminal case shall be suspended on the day when the case is sent to court or when detention on remand or house arrest as a restrictive measure is discontinued.
158.4. When the period of detention on remand as a restrictive measure is calculated, the period during which the accused and his defence counsel acquaint themselves with the case file shall not be taken into consideration.
158.5. The period of detention on remand of the accused in criminal cases within the jurisdiction of first instance and appeal courts may not exceed :
158.5.1. 3 (three) months where offences do not constitute a major public threat ;
158.5.2. 5 (five) months for minor offences ;
158.5.3. 7 (seven) months for serious offences ;
158.5.4. 9 (nine) months for very serious offences.
158.6. During the criminal proceedings (pre-trial and in first instance and appeal courts), the remand period shall be included in the term of punishment imposed on the accused by the court.
Article 159. Prolongation of the period of detention on remand during the pre-trial proceedings
159.1. At the pre-trial stage of criminal proceedings, the period of detention on remand of the accused may be prolonged by a court, depending on the complexity of the case : for those offences which do not pose a major public threat, for no longer than 1 (one) month ; for minor offences, for no longer than 2 (two) months ; for very offences, for no longer than 3 (three) months, and for very serious offences, for no longer than 4 (four) months.
159.2. At the pre-trial stage, in an exceptionally complicated case, the remand period may again be prolonged by the court : for minor offences, for no longer than 2 (two) months ; for serious offences, for no longer than 3 (three months), and for very serious offences, for no longer than 5 (five) months.
159.3. An investigator who considers it necessary to prolong the period of detention on remand of the accused shall submit the appropriate reasoned request to the prosecutor in charge of the procedural aspects of the investigation at least 7 (seven) days before the expiry of the remand period. If the prosecutor in charge of the procedural aspects of the investigation agrees with the need to prolong the remand period, he shall address the appropriate submissions at to the court least 5 (five) days before the expiry of the remand period decided by court. If the court agrees with the need to prolong the term of detention on remand of the accused, it shall decide to do so before the end of the period imposed by the decision adopting the restrictive measure.
159.4. When deciding whether to prolong the remand period, the court shall have the right to substitute house arrest for detention on remand or to release the accused by granting bail and determining the amount of bail.
159.5. When deciding to prolong the period of detention on remand of the accused, the court shall determine the further periods as prescribed by Articles 159.1 and 159.2 of this Code.
159.6. A court decision to prolong the remand period, or not to do so, shall be subject to an appeal to the appeal court. The appeal court’s decision on this matter shall be final.
159.7. During the pre-trial proceedings, the period of detention on remand of the accused shall on no account exceed :
159.7.1. 3 (three) months for offences which do not pose a major public threat ;
159.7.2. 6 (six) months for minor offences ;
159.7.3. 9 (nine) months for serious offences ;
159.7.4. 12 (twelve) months for very serious offences.
LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 493. Content of official requests for extradition
493.1. Official requests for extradition of a person shall indicate the following :
493.1.1. the name of the prosecuting authority of the Azerbaijan Republic to which the request is addressed ;
493.1.2. the name of the requesting competent authority of the foreign state ;
493.1.3. the title of the criminal case in respect of which legal assistance is requested and brief information about it ;
493.1.4. a description of the factual circumstances of the act and the text of the requesting state’s law describing the act as an offence ;
493.1.5. the family name, first name and father’s name of the person to be extradited, his nationality, address or whereabouts and, if possible, a description of his personal appearance and other information about his identity ;
493.1.6. the cost of the damage caused by the offence.
493.2. An official request for extradition in order to bring a criminal prosecution against the person concerned shall be accompanied by a certified copy of the warrant for his arrest.
493.3. An official request for extradition in order to enforce a judgment shall be accompanied by a certified copy of the final judgment and the text of the provision of criminal law applied to the convicted person. If the convicted person has served part of his sentence, information shall also be given on this point.
LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 495. Arrest of a person with a view to extradition
495.1. When a request for extradition and a copy of the arrest warrant are received from the competent authority of a foreign state, the prosecuting authority of the Azerbaijan Republic to which the request is addressed may if necessary, and in accordance with the provisions of this Code, take measures to have the person detained and arrested before the decision on extradition is taken.
495.2. In accordance with Article 495.1 of this Code, the arrested person shall have the right to apply to a court to confirm, amend or annul the restrictive measure applied to him.
495.3. Where necessary, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall also be empowered, in compliance with the provisions of this Code and at the request of the competent authority of the foreign state, to detain for the purposes of legal assistance a person in respect of whom no official request for extradition has been received. In this case the appropriate application :
495.3.1. shall have been received in advance by mail, telegram, telex or fax ;
495.3.2. shall refer to the arrest warrant or the final court judgment ;
495.3.3. shall confirm that the official request for extradition will be made within the next 48 hours.
495.4. The prosecuting authority of the Azerbaijan Republic shall immediately inform the requesting competent authority of the foreign state that the person has been detained or arrested on the basis of the official request for extradition, or that he has been detained for the purposes of legal assistance at the request of the foreign state, pending receipt of the official request for extradition.
495.5. A person arrested in accordance with Articles 495.1 and 495.3. of this Code shall have the right to complain to a court about the acts of the prosecuting authority.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.