Second part: Major rights, freedoms and responsibilities
Chapter III: Principal Human Rights and Civil Liberties
Article 60: Administrative and judicial guarantee of rights and freedoms
IV. Everyone may appeal to court in the administrative manner against the actions and inaction of public authorities, political parties, legal entities, municipalities and their officials.
Second part: Major rights, freedoms and responsibilities
Chapter III: Principal Human Rights and Civil Liberties
Article 65: Right of Repeated Appeal to Court
Everyone has the right to appeal to a higher court for reconsideration of the verdict passed with respect to him in the procedure specified by law as well as appeal for pardon and for mitigating the punishment.
General Part
FIRST SECTION
Main Provisions
Chapter II
Purposes and basic principles of criminal proceedings
Article 35. Guarantee of the right to re-apply to a court
35.1. A party to criminal proceedings shall have the right to complain to a higher court, in accordance with this Code, against the procedural decisions and acts of the court dealing with the criminal case or other prosecution material.
35.2. Any person convicted shall enjoy the following rights when complaining to a higher court :
35.2.1. to request a retrial, alleging that the judgment was unlawful or groundless ;
35.2.2. to request a reduction of the penalty to which he was sentenced.
35.3. The rights of the person convicted as provided for in Articles 35.1 and 35.2 of this Code may not be restricted.
General Part
SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS
Chapter IX
THE DEFENCE
Article 91. The accused
91.5. The accused shall exercise the following rights in accordance with this Code :
91.5.31. to appeal against the judgment and other decisions of the court to the court of appeal and the Supreme Court, or to the latter on additional appeal, and to receive copies of those decisions ;
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.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.