Revision of conviction or sentence - national proceedings

Azerbaijan

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

''Chapter 2. Action of the Criminal law Article 10. Operation of criminal law in time''

10.3. The criminal law, which shall eliminate criminality of action (actions or inaction) and its punish, soften punishment or otherwise improve position, of the person who has committed a crime, shall have back force, and that shall be distributed on the persons who have committed the appropriate action (action or inaction) till the introduction of such law as valid, and also on the persons who are sentenced, or who have served sentenced time but previous conviction is not removed or is not extinguished.

Rome Statute

Article 84 Revision of conviction or sentence

1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:

(a) New evidence has been discovered that:

(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and

(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;

(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;

(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.

2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:

(a) Reconvene the original Trial Chamber;

(b) Constitute a new Trial Chamber; or

(c) Retain jurisdiction over the matter, with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.