General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter X
OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 95. Witnesses

95.2. The following persons may not be called or questioned as witnesses :

95.2.1. those who because they are under age or because of their physical or mental disabilities cannot understand and testify about the matters to be investigated in the criminal proceedings ;
95.2.2. lawyers who have information relating to the criminal proceedings in connection with their legal services as defence counsel ;
95.2.3. persons who have information relating to the criminal proceedings in connection with their participation therein as representative of the victim, civil party or defendant to the civil claim ;
95.2.4. except in cases where there have been deficiencies or misuse of power during the criminal prosecution, where the case is reopened because of newly discovered facts or where a lost case file is restored, the judge, jurors, prosecutor, preliminary investigator, investigator or clerk of the court who have exercised their procedural responsibilities in connection with the criminal proceedings.

95.3. Defence counsel and persons who have information on the criminal case in connection with their participation as representatives of the victim, civil party or defendant to the civil claim may testify in favour of the person they are defending or whose rights they represent, with that person’s consent. This shall preclude the subsequent participation of those persons in the criminal proceedings.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter XIII
SECURITY OF THE RIGHTS AND LEGAL INTERESTS OF PARTIES TO CRIMINAL PROCEEDINGS

Article 123. The obligation to take government measures to protect victims, witnesses, accused persons and other participants in criminal proceedings

123.1. When the prosecuting authority detects circumstances in which the victim, witness, accused or other participant in criminal proceedings requires or may require protection from criminal activity, it shall take appropriate security measures, at the person’s request or on its own initiative, to ensure his protection by the state.

123.2. Security measures for the protection of those participating in criminal proceedings shall be carried out in accordance with the legislation of the Azerbaijan Republic.

123.3. Applications and requests by participants in criminal proceedings regarding measures for their security shall be examined by the prosecuting authority without delay and not later than 72 hours after receipt. The result of the examination of the application or request shall be made known to the applicant immediately, and a copy of the relevant decision sent to him by the prosecuting authority.

123.4. The applicant shall have the right to complain to a court within 5 (five) days of receiving a copy of the decision rejecting his application or request for security measures for his protection, or, if he does not receive a copy of the relevant decision of the prosecuting authority, to apply to the court with a view to security measures within 7 (seven) days of submitting his application or request.

123.5. If, after the rejection of his application or request for security measures for his protection, the person participating in criminal proceedings is threatened or attacked again, or if new circumstances arise which were not reflected in the application or request, he may again submit the application or request for the above-mentioned measures.