General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 17. Guarantee of the right to inviolability of domicile

17.1. Except in the circumstances provided for in this Code, nobody may enter a dwelling without the consent of those living there.

17.2. The examination and searching of residential, service or industrial buildings, and other investigative and procedural acts which limit the right to property may be carried out only in accordance with this Code on the basis of a court decision.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 18. Guarantee of the right to property

18.1. During the criminal prosecution the right to property, including the right to private property, may not be limited except in the circumstances provided for in this Code.

18.2. Property taken during the proceedings shall be noted in an appropriate manner in the records and included in a comprehensive list and a receipt shall be given to the owner of the property stating that the property will be kept safely.

18.3. During the criminal prosecution, the imposition of a fine and the seizure of property may be carried out only in accordance with a court decision.

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.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 124. Concept and types of evidence

124.1. Reliable evidence (information, documents, other items) obtained by the court or the parties to criminal proceedings shall be considered as prosecution evidence. Such evidence :

124.1.1. shall be obtained in accordance with the requirements of the Code of Criminal Procedure, without restriction of constitutional human and civil rights and liberties or with restrictions on the grounds of a court decision (on the basis of the investigator‘s decision in the urgent cases described in this Code) ;
124.1.2. shall be produced in order to show whether or not the act was a criminal one, whether or not the act committed had the ingredients of an offence, whether or not the act was committed by the accused, whether or not he is guilty, and other circumstances essential to determining the charge correctly.

124.2. The following shall be accepted as evidence in criminal proceedings :

124.2.1. statements by the suspect, the accused, the victim and witnesses ;
124.2.2. the expert’s opinion ;
124.2.3. material evidence ;
124.2.4. records of investigative and court procedures ;
124.2.5. other documents.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 125. The availability of evidence

125.1. If there is no doubt as to the accuracy and source of the information, documents and other items and as to the circumstances in which they were obtained, they may be accepted as evidence.

125.2. Information, documents and other items shall not be accepted as evidence in a criminal case if they are obtained in the following circumstances :

125.2.1. if the accuracy of the evidence is or may be affected by the fact that the parties to the criminal proceedings are deprived of their lawful rights, or those rights are restricted, through violation of their constitutional human and civil rights and liberties or other requirements of this Code ;
125.2.2. through the use of violence, threats, deceit, torture or other cruel, inhuman or degrading
acts ;
125.2.3. through violation of the defence rights of the suspect or accused, or the rights of a person who does not know the language used in the criminal proceedings ;
125.2.4. where the rights and duties of a party to the criminal proceedings are not explained, or not explained fully and accurately and, as a result, he exercises them wrongly ;
125.2.5. where the criminal prosecution and investigative or other procedures are conducted by a person who does not have the right to do so ;
125.2.6. where a person whose participation should be objected to, and who knows or should know the reasons precluding his participation, takes part in the criminal proceedings ;
125.2.7. where the rules governing investigative or other procedures are seriously violated ;
125.2. 8. where the document or other item is taken from a person unable to recognise it or who cannot confirm its accuracy, its source and the circumstances of its acquisition ;
125.2.9. where evidence is taken from a person unknown at the trial or from an unknown source ;
125.2.10. where evidence is taken through means conflicting with modern scientific views.

125.3. Information, documents and other items taken in the circumstances described in Article 125.2. of this Code shall be regarded as invalid and may not be used to prove any circumstance with a view to determining a charge correctly.

125.4. Material obtained through the violations described in Article 125.2. of this Code may be used as evidence of the violations concerned and the guilt of those committing them.

125.5. After a violation of the requirements of the Code of Criminal Procedure by the prosecution, the material whose evidential value is deemed to have been lost may be accepted as evidence at the request of the defence. In this case, such evidence may not concern other participants in the proceedings, but only the relevant suspect or accused. Acceptance of this material as evidence shall not mean that its accuracy cannot be disputed.

125.6. Any complaint lodged or decision taken on any matter significant to the prosecution concerned shall only confirm the fact that the complaint was lodged or the procedural decision was taken and shall not be accepted as evidence.

125.7. The prosecuting authority shall determine, either on its own initiative or further to an application by the parties to the criminal proceedings, whether information, documents and other items may not be used as evidence during the criminal prosecution, and whether they may be put to limited use.

125.8. If evidence is obtained in accordance with the requirements of this Code, it shall be for the objecting party to demonstrate grounds for its refusal.

125.9. When a criminal case is examined by the jury, the court president shall produce the material which cannot be accepted as evidence, explain its lack of legal justification to the jurors and prevent an erroneous point of view from being adopted by the parties to the criminal proceedings.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 126. Statements by the suspect, accused, victim and witnesses

126.1. Oral and written information received by the prosecuting authority from the suspect, accused, victim or witnesses in pursuance of this Code shall be considered as evidence.

126.2. Only statements based on the information or conclusions of a person directly comprehending the act and its causes, character, mechanism or development may be considered as evidence.

126.3. Information given to the prosecuting authority by the suspect, accused, victim or witnesses on the basis of hearsay may not be used as evidence. Only information derived from the words of a deceased person may exceptionally be accepted as evidence by court decision.

126.4. The value of evidence may not be assigned to statements given in the following situations :

126.4.1. when a person is agreed to be unable to comprehend or describe matters significant to the prosecution at the appropriate time ;
126.4.2. when a person refuses to undergo an examination by experts of his ability to comprehend or describe matters significant to the prosecution.

126.5. Information from persons who may not be questioned as witnesses shall not be used as evidence.

126.6. The accused person’s confession of guilt may be accepted as grounds for the charge against him only if confirmed by the contents of all the evidence on the case.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 127. The expert's opinion

127.1. The expert’s opinion, expressed in written form and based on his specialised knowledge of scientific, technical, artistic or professional fields, shall consist of :

127.1.1. his findings on the questions put to him by the prosecuting authority or the parties to the criminal proceedings, as well as on the investigation of other matters relating to his competence which emerge during the examination of the case file ;
127.1.2. a description of the investigation carried out by the expert to substantiate those findings.

127.2. The expert’s investigative techniques, the grounds for his answers to the questions asked, as well as other significant prosecution matters determined by the expert on his own initiative, shall be reflected in the expert's opinion.

127.3. The expert's opinion shall not be binding on the preliminary investigator, investigator, prosecutor or court; it shall be checked by the prosecuting authority in the same way as any other evidence and evaluated in the light of all the relevant facts. If the opinion is not approved, a reasoned decision to that effect shall be given.

Article 128. Material evidence

128.1. Any item that can help to determine circumstances of importance to the prosecution because of its characteristics, features, origin, place and time of discovery or the imprints it bears may be considered to be material evidence.

128.2. An item shall be considered as material evidence if so decided by the prosecuting authority.

128.3. The significance of an item as material evidence shall be accepted by the court if :

128.3.1. immediately after its acquisition, the item is described in detail and sealed, and other similar acts are carried out making it impossible significantly to alter the imprints it bears and its features or characteristics ;
128.3.2. the suspect, accused, victim or witness recognises it immediately before it is examined in court.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 129. The preservation of material evidence and other items

129.1. Material evidence shall where possible be packed and kept in sealed form in the case file; if it is of a large size, it shall be given for safekeeping to an organisation, institution or appropriate person, subject to their consent.

129.2. During the prosecution, as soon as the following items have been examined, and no later than 7 (seven) days after they were obtained, the prosecuting authority shall deposit in the state bank :

129.2.1. precious metals and stones, pearls and jewellery made from them ;
129.2.2. cash in national and foreign currency, cheques, securities, bonds and lottery tickets.

129.3. Cash in national or foreign currency acquired during the investigation as well as other securities shall be kept with the prosecution file if it has or they have individual characteristics of significance to the prosecution.

129.4. The material evidence and other items acquired during the case shall be kept by the prosecuting authority until their allocation is settled by final decision of the court and by the decision of the prosecuting authority to discontinue the prosecution. In the circumstances provided for in this Code, a decision on the material evidence may also be taken before the conclusion of the prosecution.

129.5. When a legal dispute concerning an item added to the prosecution file as material evidence has to be heard by a civil court, this item shall be kept until the decision on the civil case becomes final.

Article 130. Safekeeping of items during a criminal prosecution

130.1. When material evidence and other items are kept, and if they are examined by an expert or sent to another investigating authority, prosecutor or court concerned with the criminal case, the appropriate measures shall be taken to prevent these items from becoming lost, damaged, spoilt, disarranged or coming into contact with each other.

130.2. When a prosecution file is sent anywhere, all material evidence and other items sent with the file shall be recorded in the letter which accompanies the file, as well as on a separate list or in a note attached to the indictment. The places where the items are kept, if they are not sent with the prosecution file, shall be recorded in the above-mentioned documents.

130.3. Material evidence and other items sent by post or by hand shall be examined by the expert, preliminary investigator, investigator, prosecutor or judge and compared with the letter accompanying them, the list, the note attached to the indictment, the records describing their characteristics and acquisition and other prosecution material. A record shall be drawn up of the examination process and of its results.

Article 131. Decisions about material evidence before the end of the prosecution

131.1. Before the prosecution ends, the prosecuting authority shall return the following material evidence either to the owner or to the lawful holder :

131.1.1. perishable items ;
131.1.2. items which are in daily use at home ;
131.1.3. domestic animals, birds and other animals which need daily care ;
131.1.4. cars and other means of transport not retained to satisfy a civil claim or a property demand.

131.2. Where the owner or lawful holder of the items provided for in Article 131.1 of this Code is not known, or for some reason their return is impossible, these items shall be given to the appropriate organisations to be used, kept or cared for.

Article 132. Decisions about material evidence after the end of the prosecution

132.0. When the court gives a judgment or the prosecuting authority gives a decision to discontinue the prosecution, the following rules shall be observed in connection with the solution of matters relating to the material evidence :

132.0.1. the instruments used to commit the offence and belonging to the convicted person, as well as items which are prohibited from circulation, shall be confiscated and given to the appropriate organisations; if they are not of any value they shall be destroyed ;
132.0.2. other items of no value shall be destroyed or, at the request of interested persons, may be given to them ;
132.0.3. money and valuables removed from their owners as a result of the criminal act shall be returned to their holders, their owners or the legal heirs thereof ;
132.0.4. money and valuables which were obtained as a result of the offence, or are the subject of the offence, shall contribute by decision of the court to compensation for the damage caused by the offence; if the victim is unknown, they shall become state property ;
132.0.5. during the period for which the prosecution file is kept, documents that are material evidence shall be kept in the case file or shall be given to interested organisations and persons.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XIV
EVIDENCE

Article 134. Records of investigative procedures and court hearings

134.1. Records of investigative procedures and court hearings shall be documents drawn up in writing in accordance with this Code which confirm the prosecuting authority’s direct understanding of matters significant to the prosecution.

134.2. The records of the following investigative procedures, drawn up in accordance with this Code, may be used as evidence by the prosecuting authority :

134.2.1. examination of places and objects ;
134.2.2. body search ;
134.2.3. identification of persons and objects ;
134.2.4. seizure of property ;
134.2.5. search operations ;
134.2.6. attachment of property ;
134.2.7. confiscation of mail, telegraphic and other messages ;
134.2.8. interception of telephone or other conversations and interception of information sent by other technological means of communication ;
134.2.9. acquisition of information concerning not only financial transactions, bank account statements and tax payments but also personal, family, state, commercial or professional secrets ;
134.2.10. exhumation ;
134.2.11. questioning, confrontation and verification of testimony at the scene ;
134.2.12. taking of samples for examination ;
134.2.13. investigative experiments.

134.3. Records of the receipt of a verbal application regarding the offence, of a voluntary confession of guilt, of detention and of the explanation of persons’ rights and duties may be used as evidence confirming those facts.

134.4. The admissibility as evidence of records of investigative procedures which have not been registered or not been registered in time shall be decided by the court depending on the result of the investigation.

134.5. The incompleteness of the record of an investigative procedure may not be offset by the testimony of the preliminary investigator, investigator, prosecutor or circumstantial witness.

Article 135. Documents

135.1. Paper, electronic and other materials bearing information which may be of importance to the prosecution, in the form of letters, numbers, graphics or other signs, shall be considered as documents. A document setting out matters known to a person through his duties and his work, confirmed with his signature and drawn up in the form prescribed by legislation, shall be considered as an official document.

135.2. Documents which have the characteristics described in Article 128.1 of this Code may also be considered as material evidence.

135.3. Evidence in support of a charge shall be from the original documents or a true copy of the original. The use of copies of documents during criminal proceedings shall be permitted with the consent of the parties.

Article 136. Inclusion of documents in the prosecution file, their keeping in the file and their return

136.1. Documents shall be added to the prosecution file by the prosecuting authority and shall be kept in the case file for the whole period during which the file is kept.

136.2. When the lawful holder of the documents requires them for routine recording, accounting or other legal purposes, he shall be allowed to use them temporarily or to make copies thereof.

136.3. One year after the court judgment becomes final or after the prosecuting authority’s decision to discontinue the prosecution becomes final, the originals of the documents which are in the prosecution file may be returned to their lawful holders at the latter’s request. In this case, depending on where the prosecution file is kept, the investigator, prosecutor or court shall make copies of these documents, certify their validity and keep the copies in the file.

Article 137. The use as evidence of material obtained in the course of search operations

If material obtained as a result of a search operation is obtained in accordance with the law of the Azerbaijan Republic on search operations and is presented and verified in accordance with the requirements of this Code, it may be accepted as evidence for the prosecution.

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XV
PROOF

Article 143. Collection of evidence

143.1. Evidence shall be collected during the investigation and court proceedings by questioning, confrontation, attachment of property, search operations, examination of places and objects, expert reports, presentation for identification and other procedures.

143.2. During the process of collecting evidence, the preliminary investigator, investigator, prosecutor or court shall have the right, at the request of parties to the criminal proceedings or on their own initiative, to request the presentation of documents and other items of significance to the prosecution by individuals, legal entities, officials and the authorities which carry out search operations, and to request checks and inspections by the authorised authorities and officials.

143.3. In accordance with this Code, defence counsel authorised to participate in criminal proceedings shall have the right, for the purpose of providing legal assistance, to present evidence and collect information, including the right to receive explanations from individuals and to request memoranda, references and other documents from various organisations and associations.

143.4. The suspect, accused, defence counsel, prosecutor, victim, civil party, defendant to the civil claim and their representatives, and individuals and legal entities, shall have the right to present objects and documents as well as oral and written information which may be regarded as evidence.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 147. The use of detention during criminal proceedings

147.1. Detention during criminal proceedings may be applied only to the following :

147.1.1. a person suspected of committing an offence ;
147.1.2. a person who is to be charged or an accused who has violated the conditions governing the restrictive measure applied to him ;
147.1.3. a sentenced person, in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release.

147.2. Detention shall be applied in the following circumstances :

147.2.1. if there is a suspicion that the person concerned committed an offence ;
147.2.2. if there is an appropriate decision by the prosecuting authority about a person covered by Article 147.1.2 ;
147.2.3. if there is a court decision on the detention of a sentenced person pending settlement of the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release.

147.3. The illegal detention of a person shall entail liability under the legislation of the Azerbaijan Republic.

Article 148. Detention of persons suspected of committing an offence

148.1. A person suspected of committing an offence shall be detained if there is a direct suspicion that he committed the offence or other information giving grounds for suspicion that he committed the act provided for in criminal law.

148.2. If there is a direct suspicion that a person committed an offence, the preliminary investigator, another official of the preliminary investigating authority, the investigator or the prosecutor may detain him in the following cases :

148.2.1. if the person is caught in the act of committing an offence provided for in criminal law or immediately thereafter on the scene of the offence ;
148.2.2. if the victim or other witnesses to the act themselves assert that the act provided for in criminal law was committed by this person ;
148.2.3. if clear marks indicative of the commission of the criminal act are discovered on the person's body, on his clothes or on other items he uses, in his home or in his means of transport.

148.3. If there is other information giving grounds to suspect a person of committing an act provided for in criminal law, he may be detained by the preliminary investigator, another official of the investigating authority, the investigator or the prosecutor in the following cases :

148.3.1. if he tries to escape from the crime scene into hiding, or to hide from the prosecuting authority ;
148.3.2. if he has no permanent home or lives in another area ;
148.3.3. if his identity cannot be established.

148.4. In the circumstances provided for in Article 148.1 and 148.2 of this Code, the person may be detained before the start of the criminal case. If no decision to start the criminal case is taken within 24 hours of the person being detained, the person shall be released immediately. Even if this decision is taken, the detention of the person may not exceed 48 hours. The detained person shall be charged within 48 hours of being taken into custody and shall be brought before a court ; the court shall examine the case without delay and decide between arrest as a restrictive measure and release.

Article 149. Apprehension of a person who has committed an offence with the aid of a person who witnessed the act

149.1. If the person committing an offence tries to escape during or immediately after the offence, a witness to the act may assist the prosecuting authority in apprehending the person, as follows :

149.1.1. he may tie up the person’s hands and feet if he resists ;
149.1.2. if the person who committed the offence is thought to have a gun or other dangerous weapon or to be carrying anything else which may be of significance to the criminal case, he may search him and seize these items for presentation to the prosecuting authority.

149.2. If he is not an official of the prosecuting authority, the person apprehending the offender shall immediately call the police, and, if this is impossible, shall bring the detained person to the police by force without delay.

Article 150. Detention of a person to charge him

150.1. If the evidence collected on a criminal case gives grounds to suppose that a person has committed an act provided for in criminal law, and if this person lives in another area or if his abode is not known, the investigator or prosecutor may decide to detain him. If a person hides from the prosecuting authority or intentionally fails to comply with a summons, and it is decided to detain him in order to charge him, the investigator or prosecutor shall at the same time announce a search for him.

150.2. Any official of the preliminary investigating authority, investigator or prosecutor who traces the suspect shall execute the decision to detain him in order to charge him, and immediately afterwards shall inform the investigator or prosecutor who took that decision.

150.3. The detention of the suspect shall not exceed 48 hours before he is charged. Pending the decision on arrest as a restrictive measure, the detained person shall be brought before a court within 48 hours of being taken into custody, and the court shall examine the case without delay and decide between arrest as a restrictive measure and release.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 152. Detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release

152.1. In the following cases the institution or authority enforcing the sentence shall submit a recommendation for the court to give a decision on the detention of the sentenced person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release :

152.1.1. if the sentenced person escapes and hides or attempts to avoid going to the appropriate institution or authority ;
152.1.2. if the sentenced person constantly and intentionally evades performing the duties imposed on him by the court.

152.2. When making the decision about detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, the court shall decide on the period of detention within 7 (seven) days of the date on which he was detained.

152.3. The court decision about the detention of a person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release shall be sent for enforcement to the police authority in the home area of the sentenced person. The authority which has implemented the decision about detention shall immediately inform the court of this.

152.4. The detention of a person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release may not exceed the period set by the court; within this period the detained person shall be brought to court and the court shall examine the case without delay and decide about forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, as well as whether the sentence handed down in the judgment is to be executed or the person is to be released.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVII
RESTRICTIVE MEASURES

Article 157. Arrest

157.1. In accordance with the principle of the presumption of innocence, if the connection of the person to the offence committed is not proven, he may not be arrested or unnecessarily detained on remand.

157.2. Arrest as a restrictive measure may be chosen in the light of the requirements of Articles 155.1 - 155.3 of this Code.

157.3. A person arrested on the grounds of a court decision may not be held in a temporary detention facility for longer than 24 hours, and before the expiry of this period, he shall be transferred to the investigating authority’s remand facility (this period shall not include the time spent transporting the arrested person to the remand facility).

157.4. The investigator, the prosecutor in charge of the procedural aspects of the investigation or the court may instruct the authority in charge of the remand facility to hold persons charged with the same offence or related offences apart and to prevent conversations between the accused and other arrested persons, as well as on other matters, provided that these do not contravene the rules on detention on remand.

157.5. When examining the question of arrest as a restrictive measure, the court, if it decides that there is no need to isolate the accused from society by detaining him on remand, shall have the right to substitute house arrest for arrest. The court may simultaneously make its decision about arrest and resolve the matter of releasing the accused from arrest by granting bail, and if this release is considered possible, it shall determine the amount of bail. The court may review its decision about the inadmissibility of bail and the amount of bail at the request of the defence.

157.6. The parties to criminal proceedings may complain to the appeal court about a court decision to apply, or not to apply, arrest as a restrictive measure. The decision of the appeal court on this matter shall be final.

157.7. A court which has decided on arrest as a restrictive measure shall have the right to change or cancel this decision before the end of the remand period on the basis of a submission by the prosecutor in charge of the procedural aspects of the procedural aspects of the investigation.

157.8. The investigator or the prosecutor in charge of the procedural aspects of the investigation may discontinue the application of arrest as a restrictive measure decided by a court only in the following cases :

157.8.1. if, according to medical opinion, the seriousness of the accused person’s illness makes it impossible to detain him on remand ;
157.8.2. if a decision is made to the effect that the act committed by the accused is not an offence posing a major public threat.

Article 158. The remand period

158.1. At the pre-trial stage of the criminal case, when it chooses arrest as a restrictive measure, the court shall specify a remand period of up to 2 (two) months in respect of offences which do not pose a major public threat or minor offences and of up to 3 (three) months in respect of serious and very serious offences.

158.2. The remand period shall begin at the time of actual arrest if the accused is detained or, if he is not held, at the time of the implementation of the court decision on arrest as a restrictive measure. The following shall be included in the period for which the suspect or accused is detained on remand :

158.2.1. the period of detention and remand ;
158.2.2. the period of house arrest ;
158.2.3. the period during which he was detained in a medical establishment for an in-patient medical report under coercive procedural measures or on account of temporary illness.

158.3. At the pre-trial stage of the criminal case, the remand period, other than in cases of prolongation of the period as prescribed by Article 159 of this Code, may not exceed the above-mentioned periods. The remand period in respect of the suspect or accused shall be calculated by adding together all periods of detention on remand, house arrest and time spent at a medical establishment. The remand period at the pre-trial stage of the criminal case shall be suspended on the day when the case is sent to court or when detention on remand or house arrest as a restrictive measure is discontinued.

158.4. When the period of detention on remand as a restrictive measure is calculated, the period during which the accused and his defence counsel acquaint themselves with the case file shall not be taken into consideration.

158.5. The period of detention on remand of the accused in criminal cases within the jurisdiction of first instance and appeal courts may not exceed :

158.5.1. 3 (three) months where offences do not constitute a major public threat ;
158.5.2. 5 (five) months for minor offences ;
158.5.3. 7 (seven) months for serious offences ;
158.5.4. 9 (nine) months for very serious offences.

158.6. During the criminal proceedings (pre-trial and in first instance and appeal courts), the remand period shall be included in the term of punishment imposed on the accused by the court.

Article 159. Prolongation of the period of detention on remand during the pre-trial proceedings

159.1. At the pre-trial stage of criminal proceedings, the period of detention on remand of the accused may be prolonged by a court, depending on the complexity of the case : for those offences which do not pose a major public threat, for no longer than 1 (one) month ; for minor offences, for no longer than 2 (two) months ; for very offences, for no longer than 3 (three) months, and for very serious offences, for no longer than 4 (four) months.

159.2. At the pre-trial stage, in an exceptionally complicated case, the remand period may again be prolonged by the court : for minor offences, for no longer than 2 (two) months ; for serious offences, for no longer than 3 (three months), and for very serious offences, for no longer than 5 (five) months.

159.3. An investigator who considers it necessary to prolong the period of detention on remand of the accused shall submit the appropriate reasoned request to the prosecutor in charge of the procedural aspects of the investigation at least 7 (seven) days before the expiry of the remand period. If the prosecutor in charge of the procedural aspects of the investigation agrees with the need to prolong the remand period, he shall address the appropriate submissions at to the court least 5 (five) days before the expiry of the remand period decided by court. If the court agrees with the need to prolong the term of detention on remand of the accused, it shall decide to do so before the end of the period imposed by the decision adopting the restrictive measure.

159.4. When deciding whether to prolong the remand period, the court shall have the right to substitute house arrest for detention on remand or to release the accused by granting bail and determining the amount of bail.

159.5. When deciding to prolong the period of detention on remand of the accused, the court shall determine the further periods as prescribed by Articles 159.1 and 159.2 of this Code.

159.6. A court decision to prolong the remand period, or not to do so, shall be subject to an appeal to the appeal court. The appeal court’s decision on this matter shall be final.

159.7. During the pre-trial proceedings, the period of detention on remand of the accused shall on no account exceed :

159.7.1. 3 (three) months for offences which do not pose a major public threat ;
159.7.2. 6 (six) months for minor offences ;
159.7.3. 9 (nine) months for serious offences ;
159.7.4. 12 (twelve) months for very serious offences.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVIII
APPLICATION OF OTHER COERCIVE PROCEDURAL MEASURES DURING CRIMINAL PROCEEDINGS

Article 177. The right to forcibly carry out investigative procedures

177.1. The prosecuting authority may, by force, carry out investigative procedures to guarantee the normal course of an investigation; it may take measures to make participants wait for the start of these procedures and to prevent them from leaving the place where they are to be held.

177.2. If the person concerned does not consent to the investigative procedure and if a court decision is requested for its compulsory conduct, the prosecutor in charge of the procedural aspects of the investigation shall apply to the court if he agrees with the investigator's reasoned request.

177.3. As a rule, a court decision shall be required in order to conduct the following investigative procedures by force :

177.3.1. examination, search or seizure and other investigative procedures in residential, service or industrial buildings ;
177.3.2. the body search of a person other than a detained or arrested person against his will ;
177.3.3. the attachment of property ;
177.3.4. the confiscation of postal, telegraphic or other messages ;
177.3.5. the interception of conversations held by telephone or other means and of information sent via communication media and other technical means ;
177.3.6. the obtaining of information about financial transactions, bank accounts or tax payments and private life or family, state, commercial or professional secrets ;
177.3.7. exhumation.

177.4. With the exception of examination, search and seizure, other investigative procedures in residential, service or industrial buildings and the investigative procedures provided for in Articles 177.3.6 and 177.3.7 of this Code may be conducted only under by court decision. The investigator may conduct the following procedures by force without a court decision :

177.4.1. on the grounds and under the circumstances provided for in Article 243.3 of this Code, he may conduct inspections, searches and seizures in residential, service or industrial buildings ;
177.4.2. he may conduct body searches in the circumstances provided for in Article 238.2 of this
Code ;
177.4.3. he may seize property in the circumstances provided for in Article 249.5 of this Code ;
177.4.4. he may confiscate postal, telegraphic or other messages and intercept conversations held by telephone or other means and information sent via communication media and other technical means if there are circumstances in which evidence of serious or very serious offences against the individual or central government must be established without delay.

177.5. If the investigative procedures for which Articles 177.3.1, 177.3.2, 177.3.4 and 177.3.5 of this Code provide are carried out by reasoned decision of the investigator in circumstances allowing no delay, the investigator shall fulfil the duties laid down in Article 443.2 of this Code.

177.6. No court decision shall be necessary for the investigator to carry out the investigative procedures provided for in Article 177.3.1 of this Code in residential, service or industrial buildings with the permission or by the invitation of the owners of those premises.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVIII
APPLICATION OF OTHER COERCIVE PROCEDURAL MEASURES DURING CRIMINAL PROCEEDINGS

Article 178. Forcible appearance before the prosecuting authority

178.1. Forcible appearance before the prosecuting authority shall entail bringing a person by force to the prosecuting authority and forcibly guaranteeing his participation in investigative or other procedures.

178.2. This measure may be applied to a person participating in criminal proceedings and summoned by the prosecuting authority only in the following circumstances :

178.2.1. if he fails to attend in response to the compulsory summons of the prosecuting authority without good reason ;
178.2.2. if he evades receipt of the summons from the prosecuting authority ;
178.2.3. if he hides from the prosecuting authority ;
178.2.4. if he has no permanent address.

178.3. Children under 14, pregnant women, persons who are seriously ill and victims bringing a private prosecution may not be forcibly brought before the prosecuting authority.

178.4. Forcible appearance before the prosecuting authority shall be based on a reasoned decision by the prosecuting authority or a court decision at the request of the parties to criminal proceedings.

178.5. The decision to forcibly bring a person before the prosecuting authority shall be enforced by the preliminary prosecuting authority or by another authority legally responsible for this duty.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXIX
EXAMINATION OF PLACES AND OBJECTS, EXHUMATION AND BODY SEARCH

Article 236. Examination of places and objects

236.1. The investigator shall examine the scene of the offence, buildings, documents, objects and human and animal corpses, with the aim of uncovering traces of the offence and other potential material evidence and determining the circumstances of the offence and other facts of significance to the case.

236.2. On discovery of an offence, except in circumstances where examination of the scene of the offence cannot be delayed, the examination shall be held in the daytime.

236.3. Where the examination takes place after the commencement of criminal proceedings and there is a suspect or accused, the suspect, the accused and/or any co-suspect or accused may participate in it. The investigator shall take steps in advance to guarantee the participation of co-offenders in the examination. Examination of the scene of the offence shall take place in the presence of at least 2 (two) witnesses.

236.4. The investigator shall conduct the examination of places or objects without violating any citizen’s rights. Where necessary, he shall measure the object, make plans, sketches or drawings of it, and, if possible, make a photographic, video or film record.

236.5. During the examination, the investigator shall, independently or with the assistance of a specialist, take prints and impound documents or any other objects which may be significant as evidence in future.

236.6. After completing the examination, the investigator shall draw up a record giving the following information :

236.6.1. the time, date and place of the examination ;
236.6.2. the investigator’s family name, first name, father’s name and title :
236.6.3. the family names, first names and father’s names of those participating in the examination as well as the year, month, day and place of their birth, their nationality, education, workplace, occupation or status, address and place of registration ;
236.6.4. information about the mutual relations of any circumstantial witness with the suspect, the accused or the victim (only in the event of participation of circumstantial witnesses in the examination of the scene of the offence) ;
236.6.5. a note to the effect that their rights, duties and responsibilities have been explained to each of the circumstantial witnesses (only in the event of participation of circumstantial witnesses in the examination of the scene of the offence) ;
236.6.6. a note about the circumstances of the examination, especially the use of photography, video, film or other recording techniques ;
236.6.7. the sequence followed in the observation procedure and all the evidence revealed during the examination.

236.7. The record shall be signed by all the participants in the examination, who shall have the right to require that their notes be included in the record, and by the investigator. If the record comprises several pages, each page shall be signed by all the participants in the examination.

236.8. If, during the examination, photography, video or other recording techniques are used, the relevant photos, tapes or other information devices shall be attached to the record.

236.9. Examination of residential, service or industrial buildings and objects found there shall be conducted where there are grounds and circumstances provided for in Article 243.3 of this Code, in accordance with the requirements of Articles 177.2-177.6 of this Code.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXX
IDENTIFICATION OF PERSONS AND OBJECTS

Article 239. Identification of a person

239.1. Where any person is to be presented for identification purposes to a witness, victim, suspect or accused, the investigator shall first question the person making the identification about the appearance and features of the person to be identified and the circumstances in which the former saw the latter and an appropriate record of the interview shall be drawn up.

239.2. The investigator shall take steps in advance to guarantee the presence of counsel for the suspect or accused at an identification parade concerning the latter.

239.3. On the investigator’s instructions or with his permission, photo, video, film and other recording techniques may be used during the identification parade.

239.4. If the person making the identification is a witness or the victim, he shall first be warned of the criminal responsibility incurred for refusing to testify, evading questioning or giving false testimony intentionally. He shall also be informed of his right not to testify against himself or his close relatives.

239.5. The person to be identified shall be presented to the identifying person together with at least 3 (three) other people of the same sex who do not differ greatly in their appearance and clothing from the person to be identified.

239.6. Before the start of the identification parade, the investigator shall ask the person to be identified to take position wherever he wishes in the row of persons on parade.

239.7. At the request of the identifying person, the identification process may be carried out in such a way that the person making the identification is not seen by those taking part in the identification parade.

239.8. If the identifying person is uncertain that he can recognise the person to be identified, the identification parade may not be conducted and any identification made shall not be considered valid. The same person shall not be asked again to identify the person concerned on the basis of the same features.

239.9. If necessary the identification procedure may be conducted using photographs of people who do not differ greatly from each other in their appearance and clothing.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXX
IDENTIFICATION OF PERSONS AND OBJECTS

Article 240. Identification of objects

240.1. Where it is necessary to present any object for identification, the investigator shall first question the person who is to identify the object about its characteristics and the circumstances in which he saw it, and shall draw up a record of this interview.

240.2. Counsel for the suspect or the accused shall be entitled to participate in the identification of the object. If counsel for the defence, whom the investigator has informed in advance of the performance of this investigative procedure, expresses a wish to participate in the identification of the object, the investigator shall guarantee this right.

240.3. On the investigator’s instructions or with his permission, photography, video, film or other recording techniques may be used during the identification of the object.

240.4. If the identifying person is a witness or the victim, he shall first be warned of the criminal responsibility incurred for refusing to testify, evading questioning or giving false testimony intentionally. He shall also be informed of the right not to testify against himself or his close relatives.

240.5. The object to be identified shall be presented to the identifying person among other objects of the same kind. The identifying person shall be asked to indicate the object which he recognises and to state the reasons for his choice.

240.6. Identification of a corpse, parts thereof or objects of which it is impossible or difficult to find the equivalent shall be conducted on the basis of a single reproduction presented to the identifying person.

240.7. If the person identifying a corpse has seen the person concerned alive, the use of cosmetics shall be allowed on the corpse. When an object is being identified it shall be permissible to clean dirt, rust and other deposits from it.

Article 241. Record of the identification

241.1. After the identification the investigator shall draw up a record including the following :

241.1.1. the place, date and time of the identification ;
241.1.2. the investigator’s family name, first name, father’s name and title ;
241.1.3. the family names, first names and father’s names of those participating in the identification, the year, month, day and place of their birth, their nationality, education, workplace, occupation or status, address and place of registration ;
241.1.4. a note that persons participating in the identification have been informed of their rights, duties and responsibilities ;
241.1.5. a note about the circumstances of the identification, including use of photography, video, film and other recording techniques ;
241.1.6. the sequence followed in the observation procedure and all the evidence discovered, including a description of the objects presented for identification and their identifying features.

241.2. The identification record shall be signed by all the participants in the investigative procedure, who shall have the right to require the inclusion of their notes in it. If the record comprises several pages, the participants shall sign each page.

241.3. If, during the identification, photography, video, film or other recording techniques are used, the documents, photos, tapes or other information devices shall be attached to the record.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXX
SEARCH AND SEIZURE

Article 242. Conduct of a search

242.1. Where the available evidence or material discovered in a search operation gives rise to a suspicion that a residential, service or industrial building or other place contains, or certain persons are in possession of, objects of potential significance to a case, the investigator may conduct a search.

242.2. A search may be conducted with the aim of finding persons or animals being sought or human or animal remains.

242.3. Objects and documents which may be of significance as evidence may be impounded by the investigator once it has been established on the basis of the evidence collected or the material discovered in a search operation where or in whose possession they are.

Article 243. Grounds for conducting a search and seizure

243.1. As a rule, searches and seizures shall be conducted by decision of a court. A court may decide to give permission for a search or seizure in response to a reasoned request from the investigator and submissions made by the prosecutor in charge of the procedural aspects of the investigation. The search or seizure shall be conducted in accordance with the requirements of Articles 177.2-177.6 of this Code.

243.2. The decision to authorise the search or seizure shall state the following :

243.2.1. the date, time and place of the decision ;
243.2.2. the family name, first name, father’s name and title of the person making the decision ;
243.2.3. the objective grounds for conducting the search or seizure ;
243.2.4. the family name, first name and father’s name of the person conducting the search or
seizure ;
243.2.5. the place where the search or seizure is to be carried out (nature of the building, address or location) ;
243.2.6. in the case of a decision authorising seizure, the objects and documents to be impounded.

243.3. In circumstances which admit no delay, the investigator may conduct a search or seizure without court permission only if there is precise information indicating that :

243.3.1. objects or documents concealed in a residential building constitute proof of the commission of an offence or of preparations for the commission of an offence against a person or the state ;
243.3.2. a person who has prepared or committed an offence against a person or the state or a person who has escaped from a remand facility or prison is hiding in a residential building ;
243.3.3. there is a human corpse (or parts of a corpse) in the building ;
243.3.4. there is a real danger to someone’s life or health in the building.

243.4. In the circumstances provided for in Article 243.3 of this Code, the investigator shall give a reasoned decision to conduct a search or seizure. The investigator’s decision shall be drawn up in accordance with the requirements of Article 243.2 of this Code and shall give due consideration to the need to conduct the search and seizure without court permission and the reasons why it cannot be delayed.

Article 244. Participants in a search or seizure

244.1. During a search or seizure the presence of at least 2 (two) circumstantial witnesses shall be obligatory.

244.2. Defence counsel for the suspect or accused shall be entitled to participate in the conduct of a search or seizure concerning them. If defence counsel, having been informed of the conduct of this investigative procedure by the investigator, expresses the wish to participate in the search and seizure, the investigator shall take steps to guarantee this right.

244.3. Where necessary, an interpreter or specialist may participate in the conduct of the search or seizure.

244.4. Steps shall be taken to guarantee the presence of the person concerning whom the search and seizure is being conducted, adult members of his family or those who represent his legal interests. If it is impossible to secure the participation of the above-mentioned people, a representative of the relevant housing organisation or local authority shall be asked to participate.

244.5. A search or seizure operation in an administrative department, institution, organisation or military unit shall be conducted in the presence of a representative of the entity concerned.

244.6. Persons concerned by the search or seizure and circumstantial witnesses, specialists, interpreters, representatives and defence counsel shall have the right to be present throughout the procedures conducted by the investigator and to make observations, which shall be included in the record.

Article 245. Rules governing searches and seizures

245.1. An investigator shall be entitled to enter a residential or other building on the basis of the court decision concerning the search or seizure.

245.2. Before conducting the search or seizure, the investigator shall acquaint the person concerned with the decision.

245.3. The investigator shall be entitled to conduct the search or seizure using photography, video, film or other recording techniques.

245.4. The investigator shall take measures to prevent the dissemination of information about the circumstances of the search or seizure, its results and any information concerning the private life of the person concerned.

245.5. The investigator may prohibit those present in the place where the search or seizure is conducted from leaving the premises or speaking to each other or with other persons before the end of the search or seizure operation.

245.6. On making a seizure, the investigator shall, after pronouncing the decision, propose that the objects or documents to be seized be surrendered voluntarily and, in the event of refusal, shall impound them by force.

245.7. On conducting a search, the investigator shall, after pronouncing the decision, propose that the objects or documents to be seized be given up voluntarily and that the wanted person’s hiding place be revealed. If the objects or documents are surrendered or the person’s hiding place is revealed voluntarily, this shall be noted in the record. Failure to surrender the objects or documents being searched for, in whole or in part, or to reveal the hiding place of the wanted person, shall result in the search being conducted.

245.8. During a search or seizure, all objects and documents shall be presented to the participants in the investigative procedure and their quantity, size, weight, material and other special features shall be specified as part of a detailed description. The objects and documents shall be packed and, if necessary, sealed by the investigator.

245.9. If, during the conduct of a search or seizure, the owners refuse to open closed buildings or store-rooms, the investigator shall have the right to open these.

245.10. During a search or seizure, the following shall be prohibited :

245.10.1. unnecessary damage to doors, locks and other items and creating a disturbance in the building ;
245.10.2. use of chemical or psychotropic substances, technical devices or equipment which may be harmful to human health and the environment.

Article 246. Body search and seizure

246.1. The investigator may, normally by court decision, impound objects and documents of potential significance as evidence which are on the clothing, affairs and body of the person concerning whom an investigative procedure is being conducted.

246.2. In the absence of a court decision, a body search may be conducted in the following circumstances :

246.2.1. if a suspect has been detained and he is in the custody of the police or another law enforcement agency ;
246.2.2. if the restrictive measure of arrest is applied to an accused person ;
246.2.3. if there are sufficient grounds to suspect that a person in a building where a search or seizure is being conducted is in possession of objects or documents of potential significance as evidence in the criminal prosecution.

246.3. A body search and seizure shall be conducted by the investigator in the presence of a specialist and at least 2 (two) circumstantial witnesses who are of the same sex as the person on whom the body search is being conducted.

Article 247. Record of the search or seizure

247.1. After completing a search or seizure the investigator shall draw up a record continuing the following information on the investigative procedures carried out :

247.1.1. the place, date and time of the search or seizure ;
247.1.2. the investigator’s family name, first name, father’s name and title ;
247.1.3. the family names, first names and father’s names of other persons participating in the search or seizure as well as the year, month, day and place of their birth, their nationality, education, workplace, occupation or status, address and place of registration ;
247.1.4. a note that the person in respect of whom the search and seizure was conducted was informed of his rights, duties and responsibilities ;
247.1.5. the family names, first names and father’s names of the circumstantial witnesses and the year, month, day and place of their birth, their nationality, education, workplace, occupation, address and place of registration ;
247.1.6. information concerning relations between each of the circumstantial witnesses and the suspect, accused and victim ;
247.1.7. a note that each of the circumstantial witnesses has been informed of his rights, duties and responsibilities ;
247.1.8. a note about the circumstances of the search or seizure, including use of photography, video, film or other recording techniques during the conduct of the procedure ;
247.1.9. the sequence followed and all the evidence discovered during the search and seizure, whether or not the objects and persons sought were surrendered voluntarily; any attempts made to hide the objects and documents discovered; and the quantity, size, weight, individual features and other characteristics of the objects seized, as part of a detailed description thereof.

247.2. The record of the search or seizure shall be signed by all the participants, who shall have the right to require the inclusion of their notes in it. If the record consists of several pages, each page shall be signed by the participants.

247.3. If, during the search or seizure, photography, video, film or other recording techniques are used, the relevant documents, photos, tapes or other information devices shall be attached to the record.

247.4. A copy of the record of the search and seizure shall be given to the person concerned by the investigative procedure or to an adult member of his family or his representative ; in their absence it shall be given to the representative of the housing organisation in whose area the investigative procedure was conducted.

247.5. If a search or seizure is conducted on the premises of an administration, institution, organisation or military unit, a copy of the record shall be given to its representative.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXXII
ATTACHMENT OF PROPERTY

Article 248. Nature of the attachment of property

248.1. Attachment of property :

248.1.1. shall be carried out with the aim of guaranteeing a civil party’s claim and the confiscation of property in circumstances provided for under criminal law ;
248.1.2. shall consist in making an inventory of the property, which shall be left with the owner or holder, and where necessary prohibiting its use ;
248.1.3. where applied to bank deposits, shall prevent any further transactions on an account.

248.2. Property of the accused and property of other persons who may be held liable with regard to property may be attached, irrespective of what it is or in whose possession it is.

248.3. Attachment shall apply to the joint property of the accused and his or her spouse or to the accused’s share of property owned jointly with other persons. If there is sufficient evidence that the property was used in committing an offence or was acquired or enhanced by committing an offence, the whole property or the greater part thereof shall be attached.

248.4. Attachment may not apply to food which is essential to the owner or holder of the property and his family,, fuel of little market value, specialist books and equipment used in carrying on a professional activity, frequently used kitchen utensils and supplies or other essentials.

248.5. Except where part of the property of an administrative department, institution or organisation can be sealed off without damaging the economic activity of the entity concerned, their property may not be attached.

Article 249. Grounds for attachment of property

249.1. Property may be attached only if evidence collected in the criminal case provides sufficient grounds for doing so.

249.2. As a rule, property shall be attached on the basis of a court decision. The court shall give a decision to attach property in the following circumstances :

249.2.1. in response to a reasoned request by the investigator and appropriate submissions by the prosecutor in charge of the procedural aspects of the investigation ;
249.2.2. if persons applying to the court submit sufficient prima facie evidence to confirm fulfilment of the requirements of Article 249.1 of this Code and substantiate the need to attach property.

249.3. The court decision to attach the property shall state the following :

249.3.1. the date, time and place of the decision ;
249.3.2. the family name, first name, father’s name and title of the judge who gave the decision ;
249.3.3. the objective grounds and reasons for attachment of the property ;
249.3.4. the family name, first name and father’s name of the person whose property is attached ;
249.3.5. the actual property to be attached and the property required to guarantee the civil party’s claim ;
249.3.6. the period for which the property is attached.

249.4. Where there is a reasonable suspicion that the property to be attached will not be surrendered voluntarily, the attachment decision shall include authority to conduct a search.

249.5. In cases which admit of no delay, where there is precise information indicating that the person who committed the offence may destroy, damage, spoil, conceal or, to satisfy the civil claim, misappropriate property or unlawfully obtained items, the investigator may attach the property without a court decision if the requirements of Article 177.2-177.5 of this Code are met.

249.6. In the circumstances provided for in Article 249.5 of this Code, the investigator shall make a reasoned decision about the attachment of the property. The investigator’s decision shall be drawn up in accordance with Article 249.3 of this Code and shall substantiate the need to attach the property without delay and without a court decision.

Article 250. Valuation of the property to be attached

250.1. The value of the property to be attached shall be determined on the basis of its average market price in that area, without applying additional fines.

250.2. The value of property confiscated with a view to satisfying a claim lodged by a civil party or by the prosecutor in charge of the procedural aspects of the investigation shall not exceed the amount of the claim.

250.3. Where several persons are charged with an offence, all or part of the property of each of those arrested shall be attached; where this is not possible, all of the property of any one of them may be attached with a view to satisfying the civil party’s claim.

Article 251. Procedure governing attachment of property

251.1. A decision to attach property shall be executed by the investigator during the preliminary investigation proceedings and by the court bailiff during the trial proceedings.

251.2. The investigator or the court bailiff shall present the decision to attach the property to its owner or holder and request that the property be handed over. In the event of refusal to comply, the attachment of the property shall be enforced. If there is a suspicion that the owner of the property is concealing it, the investigator may conduct a search on the basis of an appropriate decision.

251.3. Counsel for the defence shall have the right to be present during the attachment of the accused’s property. If counsel, having been informed of the forthcoming conduct of this investigative procedure by the investigator, expresses the wish to attend the attachment of the property, the investigator or court bailiff shall take steps to guarantee this right.

251.4. An expert may be asked to establish the value of the property being attached.

251.5. With the permission of the investigator or the court bailiff, photography, video, film and other recording techniques may be used during attachment of the property.

251.6. The attachment of the property shall be conducted in accordance with the sequence established by the Code of Civil Procedure of the Azerbaijan Republic. An owner or holder of property who is present at the attachment of the property shall be entitled to determine which items are to be attached first, in order to arrive at the sum indicated in the decision.

251.7. Except for immovable property and large objects, attached property shall, as a rule, be removed, and shall be handled as follows :
251.7.1. precious metals and stones, pearls, money in local and foreign currency, securities (shares, bonds, cheques, treasury notes, loan certificates, lottery tickets etc) shall be given to the State Bank of the Azerbaijan Republic for holding ;
251.7.2. other objects removed shall, if possible, be packed, sealed and kept on the premises of the investigating authority or court as the case may be, or handed over for safe-keeping to a representative of the relevant state authority, who shall be warned of his statutory liability.

251.8. Property that is attached but not removed shall be sealed and given to its owner or holder, or adult members of his family, for safe-keeping, in exchange for a commitment not to misappropriate, damage or destroy it, and the person concerned shall be warned of the statutory liability incurred for doing so.

Article 252. Record of the attachment of property

252.1. The investigator shall draw up a record of the attachment of property, and the court bailiff a record of the inventory of the property, stating the following :

252.1.1. the date, time and place of attachment of the property ;
252.1.2. the family name, first name, father’s name and title of the investigator or the court bailiff ;
252.1.3. the family name, first name, father’s name and title of the expert ;
252.1.4. the family name, first name and father’s name of the person whose property is attached, the year, month, day and place of his birth, his workplace or title, address and place of registration ;
252.1.5. a note that the rights and duties of the person whose property is attached have been explained to him ;
252.1.6. a note about the circumstances of the attachment of property, especially the use of photography, video, film and other recording techniques during the process ;
252.1.7. a list of the attached property giving its designation, quantity, size, weight, age, other individual features and the value established by the expert ;
252.1.8. a note of what property was taken and to whom it was given for safe-keeping ;
252.1.9. information on any co-owner of the confiscated property.

252.2. The record of the attachment or inventory of the property shall be signed by all participants in the investigative procedure, and they shall have the right to require the inclusion of their observations in it. If the record consists of several pages, the participants shall sign each page separately.

252.3. If, during the attachment of the property, photography, video, film or other recording techniques are used, the relevant documents, photos, tapes or other information devices shall be attached to the record.

252.4. A signed copy of the record shall be given to the owner or holder of the property or, in the event of his absence to an adult member of his family, and to the representative of the state authority responsible for keeping the property. If the attached property was located on the premises of an administration, institution or organisation, a signed copy of the record shall be given to a representative of its head office.

Article 253. Complaints of mistaken attachment of property

253.0. Anyone who considers that property not belonging to the accused has been attached in error shall have the right to request the prosecuting authority to release the property from attachment. If the prosecuting authority refuses the request or fails to respond to the applicant’s request within 10 (ten) days of its receipt, the applicant shall be entitled to apply to the civil courts for the release of the property from attachment. The civil court shall decide the issue of the ownership of the property, and its decision concerning the release of the property from attachment shall be binding on the investigator, the prosecutor in charge of the procedural aspects of the investigation and the court examining the criminal case.

Article 254. Release of property by order of the criminal court

254.1. Property attached by court order may be released from attachment only on the basis of a court decision, except where the civil claim in the criminal case is withdrawn, the charges against the accused are altered or the criminal prosecution is discontinued.

254.2. The court or the prosecutor in charge of the procedural aspects of the investigation shall be empowered to release property which has been attached unlawfully by the prosecuting authority.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXXIII
CONFISCATION OF POSTAL, TELEGRAPH AND OTHER MESSAGES ; INTERCEPTION OF TELEPHONE CONVERSATIONS AND OTHER COMMUNICATIONS

Article 255. Messages which can be confiscated

255.0. The postal, telegraph and other messages which can be confiscated shall include :

255.0.1. all types of letter ;
255.0.2. telegrams,
255.0.3. radiograms ;
255.0.4. wrappings ;
255.0.5. presents ;
255.0.6. parcels ;
255.0.7. money orders.

Article 256. Grounds for confiscating postal, telegraph and other messages

256.1. Confiscation of postal, telegraph and other messages shall, as a rule, be decided by a court. Where there are sufficient grounds to presume that postal, telegraph and other messages sent or received by the suspect or accused may be of evidential value in the criminal case, the relevant court shall take a decision to confiscate the postal, telegraph and other messages on the basis of a reasoned application by the investigator and the relevant submissions by the prosecutor in charge of the procedural aspects of the investigation. Confiscation of postal, telegraph and other messages shall be carried out in accordance with Article 177.2-177.5 of this Code.

256.2. The decision concerning the confiscation of postal, telegraph and other messages shall include the following :

256.2.1. the date, time and place of the decision ;
256.2.2. the family name, first name, father’s name and title of the person who made the decision ;
256.2.3. the objective grounds and reasons for confiscating the postal, telegraph and other messages;
256.2.4. the family name, first name, father’s name and exact address of the person(s) whose postal, telegraph and other messages have been confiscated ;
256.2.5. the exact type(s) and location of the postal, telegraph and other messages which have been confiscated ;
256.2.6. the name of the communications administration required to hold the postal, telegraph and other messages ;
256.2.7. the period for which the postal, telegraph and other messages have been confiscated.

256.3. The confiscated postal, telegraph and other messages shall be examined and removed on the basis of the decision concerning their confiscation.

256.4. Confiscation of postal, telegraph and other messages shall be discontinued in the following cases :

256.4.1. by decision of the court which ordered the confiscation of the postal, telegraph and other messages, or of a higher court, overturning the confiscation decision ;
256.4.2. on the expiry of the period for which the postal, telegraph and other messages were confiscated ;
256.4.3. on the basis of a decision by the investigator that it is unnecessary to continue the confiscation of the postal, telegraph and other messages, or on the basis of a decision by a court or the prosecutor in charge of the procedural aspects of the investigation ruling that the confiscation decision is unlawful and overturning it.

Article 257. Rules governing the confiscation, examination and removal of postal, telegraph and other messages

257.1. The investigator shall send the decision to confiscate the postal, telegraph or other messages to the head of the relevant communications administration.

257.2. The head of the communications administration shall immediately confirm receipt of the decision to the investigator and shall hold the postal, telegraph or other messages specified in the relevant decision.

257.3. The investigator shall take the following measures in connection with the confiscation of the postal, telegraph and other messages :

257.3.1. on receiving conformation from the head of the communications administration that the postal, telegraph and other messages specified in the decision are being held, he shall visit the communications administration and examine the messages together with its employees ;
257.3.2. on the basis of the decision to confiscate the postal, telegraph and other messages, he shall inform the head of the communications administration of the part of the decision authorising their removal, shall require him to sign it and shall remove the relevant messages.

257.4. In the event of the discovery of documents and other items that may be of significance to the case among the postal, telegraph and other messages, the investigator may remove the relevant message or merely make a copy of it. Where there is no information of significance to the case, the investigator shall give instructions to send the message examined to the appropriate address or to keep it for a specified period.

257.5. The investigator shall have the right to use photography, video, film or other recording techniques during the confiscation, examination and removal of postal, telegraph and other messages.

Article 258. Record of the examination and removal of postal, telegraph and other messages

258.1. A record of the examination and removal of the postal, telegraph and other messages shall be drawn up, including the following information :

258.1.1. the date, time and place of the examination and removal ;
258.1.2. the investigator’s family name, first name, father’s name and title ;
258.1.3. the family name, first name and father’s name of the person conducting the examination and removal of the postal, telegraph and other messages, the year, month, day and place of his birth, his workplace or title, address and place of registration ;
258.1.4. the family names, first names and father’s names of other persons participating in the examination or removal (the head of the communications administration and, if necessary, other employees of that administration), the year, month, day and place of their birth, their workplace or title, address and place of registration ;
258.1.5. a note on the circumstances of the examination and removal, on which messages were examined and removed, on the messages to be sent to the addressee and those to be held temporarily, on the copies made of postal, telegraph and other messages, and on the technical devices used ;
258.1.6. any evidence revealed during the examination and removal of messages, in the order of its discovery.

258.2. The record of the examination and removal of the postal, telegraph and other messages shall be signed by all the participants in the investigative procedure, who shall have the right to require the inclusion of their observations in it. Where the record consists of several pages, the participants in the investigative procedure shall sign each page separately.

258.3. If, during the confiscation, examination and removal of the postal, telegraph and other messages, photography, video, film or other recording techniques are used, the relevant documents, photos, tapes or other information devices shall be attached to the record.

Article 259. Interception of conversations held by telephone and other devices, of information sent by communication media and other technical means, and of other information

259.1. Interception of conversations held by telephone and other devices and of information sent by communication media and other technical means shall as a rule be carried out on the basis of a court decision. Where there are sufficient grounds to suppose that information of significance to the criminal case is included among information sent or received by the suspect or the accused, the court shall, on the basis of a reasoned request by the investigator and appropriate submissions by the prosecutor in charge of the procedural aspects of the investigation, authorise the interception of conversations held by telephone or other devices, information sent by communication media or other technical means, or other information. Interception of such conversations and information shall be carried out in accordance with Article 177.2-177.5 of this Code.

259.2. Interception of conversations held by telephone and other devices or of information sent by communication media or other technical means shall not continue for longer than 6 (six) months.

259.3. Interception of information which comprises personal, family, state, commercial or professional secrets, including information about financial transactions, the situation of bank accounts and the payment of taxes, may be carried out only on the basis of a court decision.

259.4. The decision authorising the interception of conversations held by telephone and other devices, of information sent by communication media or other technical means, or of other information shall state the following :

259.4.1. the date, time and place of the decision ;
259.4.2. the family name, first name, father’s name and title of the person who made the decision ;
259.4.3. the objective grounds and reasons for intercepting the relevant conversations and
information ;
259.4.4. the family name, first name, father’s name and exact address of the person(s) whose information or conversations are to be intercepted ;
259.4.5. the exact type(s) of conversation or information to be intercepted ;
259.4.6. the name of the administration assigned the duty of intercepting the conversations or information ;
259.4.7. the period for which interception of the conversations and information is to be carried out.

259.5. Conversations held by telephone and other devices, information sent by communication media or by other technical means and other information shall be intercepted by those authorised to do so, on the basis of the relevant decision. The intercepted conversations and information shall be transcribed on paper or copied on magnetic devices, confirmed by the signature of the person who intercepted them and given to the investigator. A summary record of the interception of the conversations and information related to the case shall be drawn up and added to the case file. Intercepted information not related to the case shall be immediately destroyed.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXXIV
VERIFICATION OF TESTIMONY ON SITE AND CORROBORATIVE EXPERIMENTS

Article 260. Verification of testimony on site

260.1. Verification of testimony on site shall be carried out in order to clarify or establish the accuracy of the evidence given by a witness, victim, suspect or accused in connection with the offence committed, at the exact known location.

260.2. Counsel for the suspect or the accused shall be entitled to participate in the verification of evidence given by the suspect or the accused. If counsel for the suspect or the accused, having been informed of the performance of this investigative procedure in advance, expresses the wish to participate in the verification on site, the investigator shall take steps to guarantee this right.

260.3. Where necessary, at the investigator’s invitation, an interpreter, a specialist and the legal representative or representative of the participant in the criminal case whose testimony is being verified, and a teacher, doctor or other persons may also participate in the verification on site.

260.4. The investigator shall visit the site together with the person whose testimony is being verified, and shall propose that he point out (or describe) the circumstances or items about which he previously gave evidence or may now give evidence. The person being questioned shall show the way to the site, point out or describe the circumstances and items about which he previously gave evidence or may now give evidence, and answer the investigator’s questions.

260.5. On the investigator’s instructions or with his permission, photography, video, film and other recording techniques may be used during the verification.

260.6. If, during the verification on site, objects and documents which may be of evidential value to the case are revealed, they shall be impounded on the basis of a decision under Article 243.1 of this Code. The investigator shall as far as possible pack and seal the objects and documents removed and note their removal in the record of the verification on site.

Article 261. Record of the verification of testimony on site

261.1. After completing the verification of testimony on site the investigator shall draw up a record containing the following information :

261.1.1. the date, time and place of the verification of testimony on site ;
261.1.2. the investigator’s family name, first name, father’s name and title ;
261.1.3. the family names, first names and father’s names of others present (defence counsel, interpreters, specialists, legal representatives, representatives, teachers, doctors, etc) the year, month, day and place of their birth, their nationality, education, workplace, occupation or title, address and place of registration ;
261.1.4. the family name, first name and father’s name of the person whose testimony was verified on site, the year, month, day and place of his birth, his workplace or title, address and place of registration ;
261.1.5. a note that the rights and duties of the person whose testimony was verified on site were explained to him ;
261.1.6. a note about the circumstances of verification on site, including the use of photography, video, film or other recording techniques ;
261.1.7. the evidence given by the person concerned, if possible verbatim ;
261.1.8. all evidence discovered during the verification of testimony on site, in the order in which it was observed
261.1.9. a note about the removal of any objects or documents and their description.

261.2. The record of the verification of testimony on site shall be signed by all the participants in this investigative procedure, who shall have the right to require the inclusion of their observations in it. If the record consists of several pages, each page shall be signed separately by the participants.

261.3. If, during the verification of testimony on site, photography, video, film or other recording techniques are used, the relevant documents, photos, tapes or other information devices shall be attached to the record.

Article 262. Corroborative experiments

262.1. The investigator may conduct a corroborative experiment in order to check and clarify information which may be of importance to the prosecution and may be investigated by experimental and other means.

262.2. Counsel for the suspect or the accused may also participate in a corroborative experiment conducted with the participation of the suspect or the accused. If defence counsel, having been informed in advance about the conduct of this investigative procedure by the investigator, expresses the wish to participate in the conduct of the experiment, the investigator shall take steps to guarantee this right.

262.3. Witnesses, specialists, teachers, doctors or other persons may also participate in the corroborative experiment at the investigator’s invitation.

262.4. On the instructions or with the permission of the investigator, photography, video, film or other recording techniques may be used during the conduct of the corroborative experiment.

262.5. The conduct of a corroborative experiment shall be permissible where it does not endanger human life or health, jeopardise a person’s reputation or dignity or entail material damage.

Article 263. Record of the corroborative experiment

263.1. At the end of the corroborative experiment the investigator shall draw up a record containing the following :

263.1.1. the date, time and place of the corroborative experiment ;
263.1.2. the investigator’s family name, first name, father’s name and title ;
263.1.3. the family names, first names and father’s names of other participants (the suspect, the accused, defence counsel, witnesses, specialists, teachers, doctors, etc) the year, month, day and place of their birth, their workplace or title, address and place of registration ;
263.1.4. a note that the rights and duties of the person concerning whom the experiment is conducted have been explained to him ;
263.1.5. a note about the circumstances of the corroborative experiment, including which information was verified (clarified) and use of photography, video, film and other recording techniques ;
263.1.6. any evidence revealed by the corroborative experiment, in the order of its discovery (the circumstances and results of the experiment shall be given in detail).

263.2. The record of the corroborative experiment shall be signed by all the participants in the investigative procedure, who shall have the right to require the inclusion of their observations in it. If the record consists of several pages, each page shall be signed separately by the participants.

263.3. If, during the conduct of the corroborative experiment, photography, video, film or other recording techniques are used, the relevant documents, photographs, tapes or other information devices shall be attached to the record.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXXV
EXPERT OPINIONS

Article 264. Principles governing expert opinions

264.1. An expert opinion shall be obtained in order to determine facts of significance to the prosecution which require specialist knowledge of science, technology or the arts or of investigative methods.

264.2. The fact that the preliminary investigator, investigator, prosecutor in charge of the procedural aspects of the investigation, specialist or other participants in the criminal proceedings possess specialist knowledge shall not exempt the prosecuting authorities from their obligation to obtain an expert opinion in appropriate cases. To determine the facts provided for in Article 140.0.1-140.0.4 of this Code, it shall be obligatory to seek the relevant expert opinion.

264.3. An expert opinion shall be obtained by decision of the investigator or, in the case of a private prosecution, on a written application by the defence. A decision to obtain an expert opinion shall be binding on the people to whom it relates.

264.4. The decision to obtain an expert opinion shall contain the following :

264.4.1. the date, time and place of the decision :
264.4.2. the investigator’s family name, first name, father’s name and title ;
264.4.3. the objective grounds and reasons for obtaining an expert opinion ;
264.4.4. the material evidence and other objects sent for expert examination, specifying the place, time and circumstances of their discovery and removal and, if the expert opinion is based on evidence in the case file, the information on which the expert is to base his conclusions ;
264.4.5. the questions put to the expert ;
264.4.6. the name of the expert body or the family name of the person from whom the expert opinion was commissioned.

264.5. In the event of a private prosecution, in order to determine facts which may serve the interests of the defence, defence counsel shall, on his own initiative, have the right to officially commission one or more experts or expert bodies to prepare an expert report, on condition that the work is paid for on the basis of a contract.

265.6. In the event of a private prosecution, where an expert report is commissioned on the initiative of the defence and at its expense, the expert shall be given a list of questions and the items to be examined.

264.7. In the event of a private prosecution, the opinions of experts who issued an expert report officially commissioned by the defence shall be included in the case file by the court and assessed together with the other evidence.

Article 265. Individual experts' reports and reports prepared by committees of experts

265.1. An expert report may be prepared by one or more persons appointed as experts who have specialist knowledge.

265.2. An individual expert's report shall be commissioned from a recognised expert or the head of an expert body that will appoint a recognised expert.

265.3. An expert report on a complex subject or a repeat expert report shall be prepared by a committee of experts with the same specialisation. At the request of the parties, their chosen experts may be included in the committee of experts. The experts shall consult among themselves and, on reaching a consensus, issue and sign their opinion. If there is a difference of opinion among the experts, each of them shall give his opinion on the question or questions giving rise to the difference.

265.4. Execution of a decision to commission an expert's report shall be binding on the head of an expert body. Where preparation of an expert report is entrusted to an expert body, the head of that body may set up a committee of experts to prepare the expert report.

Article 266. Complex expert reports

266.1. A complex expert report shall be obtained where facts of significance to the prosecution can be determined only by conducting several studies in different specialist fields of knowledge or different branches of the same field of knowledge.

266.2. Within the limits of their authority and on the basis of all the factual information established as part of the complex expert report, the experts shall state their conclusions as to the facts to be determined with the aid of the expert report.

266.3. An expert may not sign the part of the complex expert opinion that deals with matters beyond his authority.

266.4. If preparation of the complex expert report is entrusted to an expert body, responsibility for organising the relevant expert studies shall lie with the head of that body.

Article 267. Additional and repeat expert reports

267.1. If the expert fails to answer the questions put to him completely or if the investigator has additional questions on the items investigated, an additional expert report shall be commissioned from the same or another expert.

267.2. If the expert’s opinion is not sufficiently reasoned or gives rise to doubts, if the evidence on which it is based is considered unreliable or if the rules of procedure governing preparation of an expert report are violated, a repeat expert report shall be commissioned.

267.3. A repeat expert report shall be commissioned from another expert. Experts involved in preparing the previous expert report may participate in and give explanations concerning the preparation of the repeat expert report, but shall not participate in the investigation or in drawing up the opinion.

267.4. Reasons for disagreement with the results of the previous expert report shall be given in the decision to commission the repeat expert report. When the repeat expert report is commissioned, questions may be put to the expert concerning the scientific basis of the means of investigation used to prepare the previous report.

Article 268. Rights of the suspect or accused with regard to the commissioning and preparation of an expert report

268.1. Where an expert report is commissioned and drawn up by decision of the investigator, the suspect or the accused shall have the following rights :

268.1.1. to be acquainted with the investigator’s decision to appoint an expert, before the preparation of the expert report, and to be given an explanation of his related rights ;
268.1.2. to object to the expert ;
268.1.3. to request the appointment of an expert from a list of persons he provides ;
268.1.4. to commission an alternative expert report on his own initiative and at his expense and to request the inclusion of this opinion in the case file ;
268.1.5. to put additional questions to the expert appointed by the investigator ;
268.1.6. with the investigator’s permission, to participate in the preparation of the expert report, to ask the expert to explain the nature of the investigative methods used and the results obtained, and to give explanations to the expert ;
268.1.7. to acquaint himself with the expert's opinion within 10 (ten) days of its receipt by the investigator and to request the preparation of an additional or repeat expert report ;
268.1.8. to participate in the questioning of the expert conducted at his request.

268.2. The rights listed shall also apply to persons to whom compulsory medical measure are applied, where their mental condition so permits.

Article 269. Preparation of an expert report by an expert body

269.1. The investigator shall send the decision to commission an expert report, items to be examined and, where necessary, the case file to the head of the expert body for an opinion. The expert report shall be prepared by an employee of the expert body. If the decision does not state by whom the expert report is to be prepared, the head of the expert body shall designate one or more experts belonging to that body and inform the person who commissioned the expert report.

269.2. Where an expert report is prepared on the initiative and at the expense of the defence, the latter shall send a list of questions and the items for examination to the head of the expert body.

269.3. The head of the expert body shall fulfil the following duties :

269.3.1. explain to the expert his rights and duties under Article 97.4 and 97.6 of this Code ;
269.3.2. inform the expert of the criminal responsibility incurred for intentionally giving false opinions and make a note to this effect in the decision on the appointment of the expert, requiring the expert to sign the decision as confirmation of receipt of this warning ;
269.3.3. make arrangements for the preparation of the expert report ;
269.3.4. provide secure means for the safe-keeping of items to be examined ;
269.3.5. determine the time limit for submission of the expert report.

269.4. The head of the expert body shall not have the right to give advance instructions to the expert on the conduct of his investigation and the results expected of it.

Article 270. Preparation of an expert report not entrusted to an expert body

270.1. Where an expert report is prepared otherwise than by an expert body, the investigator shall proceed as follows after making the decision to commission an expert report :

270.1.1. summon the person commissioned to prepare the expert report ;
270.1.2. ascertain his identity and authority ;
270.1.3. determine the expert’s relations with the suspect or the accused, the victim and any other participants in the criminal proceedings and verify whether there are grounds for an objection to the expert ;
270.1.4. present the decision to commission the expert report to the expert ;
270.1.5. explain to the expert his rights and duties under Article 97.4 and 97.6 of this Code ;
270.1.6. inform the expert of the criminal responsibility incurred for intentionally giving false opinions;
270.1.7. note the requests and wishes of the expert ;
270.1.8. note in the record that the expert has been acquainted with the decision to commission an expert report and that the procedures provided for in Article 270.1.2-270.1.7 of this Code have been carried out ;
270.1.9. issue a reasoned decision about satisfaction or refusal of the expert's wishes.

270.2. Where it is necessary to examine the physical or mental condition of the suspect, the accused, the victim or a witness, or where their participation in the preparation of the expert report is considered necessary, the investigator shall arrange for them to be brought before the expert.

270.3.If the expert report is prepared on the initiative of the defence and at its expense, a contract shall be signed between the expert and the defence. The defence shall pay for the expert report and give a list of questions and the items for examination to the expert.

Article 271. The expert opinion

271.1. No later than one month after the receipt of the investigator’s decision to commission an expert report or the conclusion of the contract between the expert and the defence, the expert shall carry out the necessary investigations, draw up a written opinion, confirm it with his signature and send it immediately to the person who commissioned the expert report or the defence.

271.2. The following information shall be given in the expert opinion :

271.2.1. the date, time and place of preparation of the expert report ;
271.2.2. the expert’s family name, first name, father’s name, education, specialisation, the length of time for which he has been working on the specialist subject, his scientific titles and degrees and his position ;
271.2.3. a note confirming that the expert is aware of the criminal responsibility incurred for intentionally giving false opinions ;
271.2.4. the grounds for preparing the expert report :
271.2.5. a note about those who participated in the preparation of the expert report (family names, first names, father’s names and home addresses) ;
271.2.6. a note about the circumstances in which the expert report was prepared, including material from the case file used by the expert, material evidence, samples and other items examined, methods applied and their degree of reliability, reasoned answers to the questions put and the facts of significance to the criminal case determined on the expert’s initiative.

271.3. The material evidence, samples, other materials and photos, drawings or tables which confirm the expert’s conclusions shall be attached to the expert opinion.

271.4. Where it is found that the material presented for examination is insufficient or the expert does not have sufficient knowledge, the expert opinion shall include information on the reasons why the expert is unable to answer all or some of the questions put to him.

271.5. The expert opinion shall be signed by the persons who prepared the expert report (the validity of these signatures shall be confirmed by the head of the expert body).

Article 272. Questioning of the expert

272.1. If the expert opinion is not sufficiently clear, if there are gaps which do not necessitate additional investigation or if it is necessary to clarify the methods applied or the terms used by the expert, the investigator shall be entitled to question the expert.

272.2. The expert shall be summoned and questioned in accordance with Articles 226, 227 and 230 of this Code.

272.3. It shall not be permissible to question the expert before he submits his opinion.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXII
SUSPENSION AND DISCONTINUATION OF CRIMINAL PROCEEDINGS

Article 278. Search for the accused

278.1. A warrant to search for the accused may be issued by the investigator concurrently with the conduct of the investigation or with a suspension of the criminal proceedings.

278.2. If the location of the accused is unknown, or if the accused has gone into hiding, the investigator shall issue a search warrant to the relevant preliminary investigating authority.

278.3. The search for the accused shall consist in taking steps to determine his whereabouts, apprehend him and place him at the disposal of the prosecuting authority.

278.4. The following measures may be applied to an accused who has been traced and detained in accordance with the provisions of this Code :

278.4.1. the court exercising judicial supervision may choose arrest or an alternative restrictive measure, or alter that decision ;
278.4.2. the investigator in charge of the case may choose a restrictive measure other than arrest or the alternatives to it, or alter that decision.

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 495. Arrest of a person with a view to extradition

495.1. When a request for extradition and a copy of the arrest warrant are received from the competent authority of a foreign state, the prosecuting authority of the Azerbaijan Republic to which the request is addressed may if necessary, and in accordance with the provisions of this Code, take measures to have the person detained and arrested before the decision on extradition is taken.

495.2. In accordance with Article 495.1 of this Code, the arrested person shall have the right to apply to a court to confirm, amend or annul the restrictive measure applied to him.

495.3. Where necessary, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall also be empowered, in compliance with the provisions of this Code and at the request of the competent authority of the foreign state, to detain for the purposes of legal assistance a person in respect of whom no official request for extradition has been received. In this case the appropriate application :

495.3.1. shall have been received in advance by mail, telegram, telex or fax ;
495.3.2. shall refer to the arrest warrant or the final court judgment ;
495.3.3. shall confirm that the official request for extradition will be made within the next 48 hours.
495.4. The prosecuting authority of the Azerbaijan Republic shall immediately inform the requesting competent authority of the foreign state that the person has been detained or arrested on the basis of the official request for extradition, or that he has been detained for the purposes of legal assistance at the request of the foreign state, pending receipt of the official request for extradition.

495.5. A person arrested in accordance with Articles 495.1 and 495.3. of this Code shall have the right to complain to a court about the acts of the prosecuting authority.

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 488. Procedural and other acts relating to legal assistance in the territory of the Azerbaijan Republic

488.1. In the territory of the Azerbaijan Republic, procedural and other acts relating to legal assistance may be carried out only at the official request of the relevant authorities of foreign states with which the Azerbaijan Republic has an agreement on legal assistance in criminal matters.

488.2. In the territory of the Azerbaijan Republic, procedural and other acts relating to legal assistance shall be carried out on the basis of this Code, of other laws and of the international agreements to which the Azerbaijan Republic is a party. In such cases, if the provisions of the legislation of the Azerbaijan Republic conflict with those of the international agreements to which the Azerbaijan Republic is a party, the provisions of the international agreements shall apply.

Article 489. General provisions governing legal assistance in criminal matters in the territory of the Azerbaijan Republic

489.1. Procedural documents drawn up in accordance with the legislation of the party submitting a request for legal assistance in the territory of the Azerbaijan Republic shall be accepted by the prosecuting authorities of the Azerbaijan Republic if they are accompanied by an official application for legal assistance signed by an official of the competent authority of the foreign state and certified by that authority’s stamp .

489.2. The official language of the Azerbaijan Republic or, by mutual agreement with the competent authority of the foreign state, another language shall be used in the provision of legal assistance in the territory of the Azerbaijan Republic.

489.3. Unless otherwise provided for in an agreement signed by the requesting competent authority of the foreign state, all expenses connected with the provision of legal assistance by mutual agreement in the territory of the Azerbaijan Republic shall be paid by the prosecuting authorities of the Azerbaijan Republic .

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.

Article 491. Rules governing the examination of official requests for legal assistance in the territory of the Azerbaijan Republic

491.1. Official requests for legal assistance in the territory of the Azerbaijan Republic shall be examined on the basis of the provisions of the legislation of the Azerbaijan Republic, under the procedure determined by the appropriate government authority of the Azerbaijan Republic.

491.2. When official requests for such assistance are examined and executed, the legislation of the foreign state may be applied at the request of the requesting body of that state if it does not conflict with the legislation of the Azerbaijan Republic.

491.3. If the prosecuting authority of the Azerbaijan Republic to which the request is addressed lacks the authority to examine and execute the official request for legal assistance, it shall forward it to the competent prosecuting authority of the Azerbaijan Republic and inform the competent authority of the foreign state accordingly.

491.4. If the execution of the official request for legal assistance requires the conduct of procedural and other acts which need the approval (decision) of a court, the prosecuting authorities of the Azerbaijan Republic shall apply to the appropriate court of the Azerbaijan Republic exercising judicial supervision in accordance with the provisions of this Code.

491.5. Officials of the competent requesting authority of the foreign state may participate in the execution of the request for legal assistance as determined by the appropriate government authority of the Azerbaijan Republic, under the provisions of the legislation of the Azerbaijan Republic.

491.6. If the assistance requested cannot be given, the appropriate prosecuting authority of the Azerbaijan Republic shall inform the competent authority of the foreign state which made the request of the circumstances preventing its execution.

Article 492. Refusal of requests for legal assistance

492.1. If the provision of legal assistance may conflict with the legislation of the Azerbaijan Republic or may be detrimental to the sovereignty and security of the Azerbaijan Republic, the provision of such assistance may be refused.

492.2. Any decision to refuse legal assistance shall be made by the head of the prosecuting authority of the Azerbaijan Republic to which the request is addressed or by a court of the Azerbaijan Republic. The requesting competent authority of the foreign state shall be informed of the refusal and of the reasons for it.

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 .

Article 494. Requests for additional documents relating to extradition

494.1. If any of the requisite information is not included in an official request for extradition, the prosecuting authority of the Azerbaijan Republic to which the request is addressed may request the provision of additional information within 1 (one) month. This period may be extended for 1 (one) further month at the request of the competent authority of the foreign state making the request.

494.2. If the competent authority of the foreign state requesting the extradition of a person in detention fails to provide the additional information during the prescribed period, the person shall be released by the prosecuting authority of the Azerbaijan Republic to which the request is addressed.

Article 495. Arrest of a person with a view to extradition

495.1. When a request for extradition and a copy of the arrest warrant are received from the competent authority of a foreign state, the prosecuting authority of the Azerbaijan Republic to which the request is addressed may if necessary, and in accordance with the provisions of this Code, take measures to have the person detained and arrested before the decision on extradition is taken.

495.2. In accordance with Article 495.1 of this Code, the arrested person shall have the right to apply to a court to confirm, amend or annul the restrictive measure applied to him.

495.3. Where necessary, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall also be empowered, in compliance with the provisions of this Code and at the request of the competent authority of the foreign state, to detain for the purposes of legal assistance a person in respect of whom no official request for extradition has been received. In this case the appropriate application :

495.3.1. shall have been received in advance by mail, telegram, telex or fax ;
495.3.2. shall refer to the arrest warrant or the final court judgment ;
495.3.3. shall confirm that the official request for extradition will be made within the next 48 hours.
495.4. The prosecuting authority of the Azerbaijan Republic shall immediately inform the requesting competent authority of the foreign state that the person has been detained or arrested on the basis of the official request for extradition, or that he has been detained for the purposes of legal assistance at the request of the foreign state, pending receipt of the official request for extradition.

495.5. A person arrested in accordance with Articles 495.1 and 495.3. of this Code shall have the right to complain to a court about the acts of the prosecuting authority.

Article 496. Settlement of extradition matters

496.1. A person who is in the territory of the Azerbaijan Republic shall be extradited by the prosecuting authority of the Azerbaijan Republic with a view to criminal prosecution or sentence enforcement, taking account of the need to meet the requirements of Article 496.2 - 496.7 of this Code, on the basis of an official request for his extradition from the competent authority of the foreign state concerned.

496.2. A person shall be extradited with a view to criminal prosecution in respect of acts which are punishable offences subject to a sentence of no less than 1 (one) year’s deprivation of liberty, or to a heavier sentence, under the legislation of the Azerbaijan Republic and of the requesting state.

496.3. A person shall be extradited with a view to sentence enforcement in respect of acts which are punishable offences subject, as regards the person concerned, to a sentence of no less than 6 (six) months’ deprivation of liberty, or to a heavier sentence under the legislation of the Azerbaijan Republic and of the requesting state.

496.4. The person shall not be extradited in the following cases :

496.4.1. if, at the time of receipt of the request for extradition, under the legislation of the Azerbaijan Republic, the criminal prosecution cannot be brought or the judgment be enforced because the time-limit for criminal prosecution has expired or on other legal grounds ;
496.4.2. if there is a final court decision discontinuing the proceedings against the person whose extradition is requested ;
496.4.3. if, under the legislation of the Azerbaijan Republic, the offence is privately prosecuted (on the basis of a complaint by the victim).

496.5. Extradition may be refused in the following cases :
496.5.1. if the person whose extradition is requested is a citizen of the Azerbaijan Republic or has been granted political asylum in the Azerbaijan Republic ;
496.5.2. if the offence connected with the request for extradition was committed on the territory of the Azerbaijan Republic ;
496.5.3. if the person whose extradition is requested is prosecuted for his political, racial or religious affiliations ;
496.5.4. if the person whose extradition is requested is prosecuted in peacetime for committing a war crime ;
496.5.5. if the state requesting extradition does not have an agreement with the Azerbaijan Republic on legal assistance in criminal matters, or if that state does not comply with the requirements of the agreement on legal assistance in criminal matters.

496.6. If the person whose extradition is requested is charged with or convicted of another offence in the territory of the Azerbaijan Republic, extradition may be deferred until the criminal prosecution is discontinued, the judgment is enforced or the person is released from punishment.

496.7. If an official request for a person’s extradition is received from several states, the prosecuting authority of the Azerbaijan Republic to which the requests are addressed shall decide independently which one to grant first.

Article 497. Release of a person arrested in connection with a request for his extradition

497.1. A person detained under Article 495.3 of this Code shall be released if, within 48 hours of his detention, the prosecuting authority of the Azerbaijan Republic does not receive an official request for his extradition.

497.2. If a person is arrested under Article 495.1 of this Code before the decision on his extradition is taken, he shall be immediately released if the prosecuting authority of the Azerbaijan Republic decides that it is impossible, or refuses, to extradite him.

Article 498. Limits on the prosecution of an extradited person

498.1. A person who has been extradited without the consent of the prosecuting authority of the Azerbaijan Republic which received the request may not be charged with or punished for an offence committed before he was extradited, but for which he was not extradited.

498.2. Without the consent of the prosecuting authority of the Azerbaijan Republic which received the request, a person may not be extradited to a third state.

498.3. If, within 1 (one) month of the end of the criminal proceedings or, in the event of a conviction, within 1 (one) month of completing his sentence or being released from punishment, the person who has been extradited fails to leave the territory of the requesting foreign state or returns there voluntarily, the consent of the prosecuting authority of the Azerbaijan Republic which received the request shall not be required. The period during which the extradited person was unable to leave the territory of the requesting foreign state through no fault of his own shall not be included in the above-mentioned period.

Article 499. Handing over of an extradited person

499.1. The prosecuting authority of the Azerbaijan Republic to which the request was addressed shall inform the requesting competent authority of the foreign state of the date and place of the extradition.

499.2. If the competent authority of the foreign state does not accept the person concerned within 15 (fifteen) days of the date arranged for his extradition, the person shall be released from detention.

Article 500. Renewed extradition

If a person who has been extradited evades criminal prosecution or punishment and returns to the territory of the Azerbaijan Republic, his renewed extradition to the requesting competent authority of the foreign state shall be effected without submission of the documents provided for in Article 493.2 and 493.3 of this Code being required.

Article 501. Transit

501.1. At the request of the competent authority of a foreign state, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall give permission for persons extradited by a third state to transit through its territory.

501.2. The application for permission for such transit shall be examined by the prosecuting authority of the Azerbaijan Republic according to the rules established for the examination of official requests for extradition.

501.3. The prosecuting authority of the Azerbaijan Republic to which the request is addressed shall give permission for the transit to be effected by the means that it considers most appropriate.

Article 502. Obligation to prosecute

502.1. The prosecuting authority of the Azerbaijan Republic shall, on the basis of an official request from the competent authority of a foreign state and in accordance with the legislation of the Azerbaijan Republic, bring a criminal prosecution against citizens of the Azerbaijan Republic suspected of committing an offence on the territory of the requesting state.

502.2. If the competent authority of a foreign state requests criminal prosecution of a person for an offence, and if the act committed by a person who is to be punished for that offence is the subject of a civil claim filed by the victims of the offence, the claim shall be examined during the proceedings if the victims claim compensation for the damage suffered .

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.

Article 504. Notification of the results of criminal prosecution

The prosecuting authority of the Azerbaijan Republic to which the request is addressed shall inform the requesting competent authority of the foreign state of the final decision on the criminal case. At the request of the competent authority of the foreign state, a copy of the final decision on the case shall also be sent to it.

Article 505. Release of property

505.1. The prosecuting authority of the Azerbaijan Republic to which the request is addressed shall release the following items at the request of the competent authority of the foreign state :

505.1.1. items used during the commission of the offence which gave rise to the person’s extradition, including the instruments used for the offence, items received as a result of the offence or as payment for it, and items received by the offender in place of those obtained in this way ;
505.1.2. items which may be of evidential value in the criminal case.

505.2. The items referred to in Article 505.1 of this Code shall be released even if the extradition of the person is impossible as a result of death, escape or other circumstances.

505.3. If the items referred to in Article 505.1 of this Code are needed as evidence in the criminal case by the prosecuting authority of the Azerbaijan Republic to which the request is addressed, their release may be delayed until the end of the proceedings.

505.4. The right of third parties to the items released shall remain in force. After the end of the proceedings, these items shall be returned without compensation to the prosecuting authority of the Azerbaijan Republic which released them to the competent authority of the foreign state.