Statement of purpose of request and assistance sought

The Republic of Azerbaijan

Azerbaijan - Criminal Procedure Code (EN) 2000



Chapter LVII

Article 490. Content of official requests for legal assistance in the territory of the Azerbaijan Republic

490.1. Official requests for legal assistance in the territory of the Azerbaijan Republic shall indicate :

490.1.1. the name of the prosecuting authority to which the request is addressed ;
490.1.2. the name of the requesting competent authority of the foreign state ;
490.1.3. the title of the criminal case in respect of which legal assistance is requested and brief information about it ;
490.1.4. a description and classification of the act committed ;
490.1.5. the first and family names of the suspect, accused, victims and witnesses and, if possible, their address or whereabouts, nationality, occupation, place and date of birth ;
490.1.6. the substance of the request for legal assistance ;
490.1.7. any other information necessary for examination of the request.

490.2. Official requests for the extradition of a person who has committed an offence shall be submitted in accordance with Articles 488 and 489 of this Code.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

2. The request shall, as applicable, contain or be supported by the following:

(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.