Exposé des faits qui justifient la demande

Azerbaïdjan

Azerbaijan - Criminal Procedure Code (EN) 2000

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS

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.

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
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.

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 503. Content of an official request for criminal prosecution

503.1. An official request for criminal prosecution shall indicate the following :

503.1.1. the name of the prosecuting authority of the Azerbaijan Republic to which the request is addressed ;
503.1.2. the name of the requesting competent authority of the foreign state ;
503.1.3. a description of the act in respect of which prosecution is requested ;
503.1.4. as far as possible, the exact time and place of the commission of the offence ;
503.1.5. the text of the provisions of criminal law under which the act is considered an offence in the requesting foreign state and of any other legislation of the foreign state which is of importance for the proceedings ;
503.1.6. the family name and first name of the suspect, his nationality and other information about his identity ;
503.1.7. in criminal cases brought on the basis of an application by the victim, the victim’s application and any claims for compensation for damage ;
503.1.8. the cost of the damage caused by the offence.

503.2. All the documents and evidence at the disposal of the requesting competent authority of the foreign state shall be attached to the official request for criminal prosecution.

503.3. If the criminal case brought by the requesting competent authority of the foreign state is transferred, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall pursue the investigation of the case in accordance with the legislation of the Azerbaijan Republic. All the documents and evidence in the criminal case file shall be certified by the stamp of the competent authority of the foreign state.

Statut de Rome

Article 96 Contenu d'une demande portant sur d'autres formes de coopération visée à l'article 93

2. La demande contient ou est accompagnée d'un dossier contenant les éléments suivants :

c) L'exposé succinct des faits essentiels qui justifient la demande ;