Azərbaycan Respublikası Ali Məhkəməsi

Principles of giving of the appeal in Judicial Board on Criminal cases.

CODE OF CRIMINAL PROCEDURE OF THE AZERBAIJAN REPUBLIC

Article 408. Lodging of complaints and appeals with the Supreme Court

408.1. Complaints and appeals to the Supreme Court may be lodged against the following court judgments and decisions in accordance with the provisions of this Code:

408.1.1. judgments and decisions given by the courts of appeal;

408.1.2. judgments given by the courts of first instance with the participation of a jury.

408.2. Complaints and appeals may be submitted as follows:

408.2.1. against judgments of the serious offences division of the Supreme Court of the Nakhchevan Autonomous Republic given with the aid of a jury: to the division for violations of criminal and administrative law of the Supreme Court of the Azerbaijan Republic;

408.2.2. against judgments or decisions of the division for violations of criminal and administrative law of the Supreme Court of the Nakhchevan Autonomous Republic: to the division for violations of criminal and administrative law of the Supreme Court of the Azerbaijan Republic;

408.2.3. against judgments of the Assize Court of the Azerbaijan Republic given with the aid of a jury: to the division for violations of criminal and administrative law of the Supreme Court of the Azerbaijan Republic;

408.2.4. against judgments of the Military Assize Court of the Azerbaijan Republic given with the aid of a jury: to the division for violations of criminal and administrative law of the Supreme Court of the Azerbaijan Republic;

408.2.5. against judgments or decisions of the division for violations of criminal and administrative law of the Court of Appeal of the Azerbaijan Republic: to the division for violations of criminal and administrative law of the Supreme Court of the Azerbaijan Republic;

408.2.6. against judgments or decisions of the division for military cases of the Court of Appeal of the Azerbaijan Republic: to the division for military cases of the Supreme Court of the Azerbaijan Republic.

408.3. The Chairman of the Supreme Court of the Azerbaijan Republic shall make submissions against a judgment or other final decision of the court of appeal, in accordance with Articles 408.2.2, 408.2.5, 408.2.6, 410 and 413 of this Code, at the request of persons not summoned to participate in the criminal proceedings whose interests are affected by the judgment or decision.

The submissions shall be examined in accordance with Articles 414 and 416-420 of this Code.

The Chairman of the Supreme Court of the Azerbaijan Republic shall also exercise these powers on the basis of submissions by the Chairman of the Court of Appeal of the Azerbaijan Republic or the Chairman of the Supreme Court of the Nakhchevan Autonomous Republic (in the event of a request by the above-mentioned persons).

Article 409. Persons entitled to lodge a complaint or appeal with the Supreme Court

409.1. The following persons shall have the right to lodge a complaint with the Supreme Court:

409.1.1. an accused who has been convicted or acquitted, his defence counsel or his legal representative;

409.1.2. the victim (or victim bringing a private prosecution), his legal representative or his representative;

409.1.3. the civil party, the defendant to the civil claim, their legal representatives or their representatives.

409.2. The convicted person, his defence counsel or his legal representative shall have the right to lodge a complaint only insofar as it relates to the interests of the convicted person. A complaint lodged on behalf of a convicted person may not lead to a worsening of the position of another convicted or acquitted person.

409.3. The acquitted person, his defence counsel or his legal representative shall have the right to lodge a complaint only against the part of the judgment that relates to the evidence and grounds for the acquittal. During the court’s re- examination of the criminal case file, the file on simplified pre-trial proceedings or the file on the complaint with a view to a private prosecution, such a complaint may not afford grounds for setting aside the acquittal and convicting the accused.

409.4. The victim, his legal representative or his representative shall have the right to appeal only against the part of the judgment that relates to the person who caused damage to the victim and to that person’s actions. Their demands may not exceed those put forward at the court of first instance.

409.5. The civil party, the defendant to the civil claim, their legal representatives or their representatives shall have the right to lodge a complaint against the part of the judgment that relates to the civil claim, but only in accordance with the demands brought before the court of first instance.

409.6. A complaint by close relatives of the convicted person or the victim may give rise to proceedings before the Supreme Court only if those persons were allowed by the investigator or the court of first instance to participate in the criminal case, the simplified pre-trial proceedings or the proceedings on the complaint with a view to a private prosecution as legal representative or representative of the accused or the victim (or victim bringing a private prosecution).

409.7. The public prosecutor who participated in the court of appeal proceedings shall have the right to lodge an appeal in respect of those of his conclusions and proposals which were not taken into consideration by the court. If this public prosecutor dies, goes missing, becomes chronically ill or intentionally avoids lodging an appeal, the Principal Public Prosecutor of the Azerbaijan Republic shall have the right to lodge an appeal with the Supreme Court instead of the public prosecutor who participated in the court of appeal proceedings.

Article 410. Time-limits for lodging a complaint or appeal with the Supreme Court

410.1. A complaint or appeal shall be lodged with the Supreme Court within the following time-limits:

410.1.1. against the decisions of the court of appeal provided for in Article 391.3 of this Code: within 1 (one) month of the decision being given;

410.1.2. against an acquittal or a court decision to discontinue the criminal case, the simplified pre-trial proceedings or the proceedings on the complaint with a view to a private prosecution: within 6 (six) months of the decision being given;

410.1.3. against a conviction, on the grounds of the need to apply the law on a more serious offence or those of excessive leniency of the sentence, or on other grounds which worsen the position of the convicted person, and against a court decision on the application of compulsory reformatory measures: within 12 (twelve) months of the decision being given;
410.1.4. against a conviction, on the grounds of the need to apply the law on a less serious offence or those of the innocence of the convicted person, and against a court decision on the application of compulsory medical measures: within 18 (eighteen) months of the decision being given.

410.2. Except where submissions, a complaint or an appeal are lodged with the Supreme Court, the higher court may not request the criminal case file, the file on simplified pre-trial proceedings or the file on the complaint with a view to a private prosecution from the court of appeal within the time-limits for the lodging of a complaint or appeal with the Supreme Court.

Article 411. Extension of the time-limits for lodging a complaint or appeal with the Supreme Court

411.1 If the time-limit for lodging a complaint or appeal is exceeded for good reasons, the persons referred to in Article 409.1 of this Code shall have the right to apply to the Supreme Court to extend the time-limit for lodging it.

411.2. The Supreme Court shall have the right to grant the application to extend the time-limit for lodging a complaint or appeal in the following circumstances:

411.2.1. if the person referred to in Article 409.1 of this Code contracts a serious illness giving rise to a long-term physical or mental disorder, and as a result is objectively unable to lodge a complaint or appeal in time;

411.2.2. if extraordinary circumstances prevent the person mentioned in Article 409.1 of this Code from lodging a complaint or appeal in time;

411.3 .The decision of the Supreme Court not to extend the time-limit for lodging a complaint or appeal shall be final and no appeal shall lie against it.

411.4. The persons referred to in Article 409.1 of this Code shall be informed of the Supreme Court’s decision to extend or not to extend the time-limit.

Article 412. Rules governing the lodging of a complaint or appeal with the Supreme Court

412.1. A complaint or appeal shall be lodged directly with the Supreme Court. If it is lodged with the court of first instance or the court or appeal, the latter shall refer it to the Supreme Court.

412.2 . A complaint or appeal shall be submitted in writing.

412.3. A copy of the disputed court judgment or decision shall be attached to the complaint or appeal. Documents supporting the applicant’s arguments shall be attached to the complaint or appeal.

412.4. Copies shall be attached to the complaint or appeal in sufficient numbers to give to all the parties to the criminal proceedings whose interests are affected by it. This requirement shall not apply to sentenced persons in prison, to minors or to those subject to compulsory medical measures.

412.5. Complaints or appeals shall not be accepted from those who do not have the right to submit them, or in oral form.

412.6. An application to the court of appeal to withdraw a complaint or appeal to the Supreme Court shall not prevent the exercise of the right to lodge a further complaint or appeal within the time-limit provided for in Article 410.1 of this Code for lodging of a complaint or appeal.

412.7. The lodging with the Supreme Court of a complaint or appeal against a final court judgment or decision shall not stay the execution of the latter.

Article 413. Content of a complaint or appeal to the Supreme Court

413.1. The following shall be set out in the complaint or appeal:

413.1.1. the name of the Supreme Court with which the complaint or appeal is lodged;

413.1.2. the name and status of the person lodging the complaint or appeal;

413.1.3. the name of the court which gave the judgment or decision;

413.1.4. a summary of the judgment or decision and the appellant’s opinion as to what makes it unlawful, groundless or unfair;

413.1.5. the appellant’s request;

413.1.6. the list of documents attached to the complaint or appeal.

413.2. When justifying the need to amend or set aside the judgment, the complaint or appeal shall refer to the relevant pages of the case file. This requirement shall not apply to sentenced persons in prison or to minors.

Article 414. Withdrawal, amendment or amplification of a complaint or appeal to the Supreme Court

414.1. Until the complaint or appeal is examined by the Supreme Court, the person lodging it shall have the right to withdraw, amend or amplify it and to express his objections to a complaint or appeal lodged by other parties to the criminal proceedings.

414.2. The public prosecutor appointed to participate in the Supreme Court proceedings on the criminal case, simplified pre-trial proceedings or complaint with a view to a private prosecution shall have the right to amplify, amend or withdraw the appeal lodged by the public prosecutor who participated in the proceedings before the court of first instance or court of appeal.

414.3. Amendments which are likely to worsen the position of a person subject to compulsory medical or reformatory measures or a convicted or acquitted person may be added to the complaint or appeal only during the period prescribed for lodging the complaint or appeal.

414.4. Defence counsel may withdraw his appeal only with the consent of the person he is defending or his legal representative. Defence counsel summoned to take part in proceedings before the Supreme Court shall have the right to make additions and changes to the appeal of the defence counsel who participated in the criminal case, the simplified pre-trial proceedings or the proceedings on the complaint with a view to a private prosecution before the courts of first instance or appeal, but only with the consent of the convicted or acquitted person and his legal representative.
414.5. The convicted or acquitted person shall have the right to withdraw an appeal lodged by his defence counsel.

414.6. An appeal lodged by the public prosecutor in favour of a convicted or acquitted person or a person subject to compulsory reformatory or medical measures may not be withdrawn by the public prosecutor without the consent of the convicted or acquitted person or the above-mentioned person and their legal representatives.

414.7. The representative of the victim (or victim bringing a private prosecution) before the Supreme Court shall have the right to withdraw his appeal, or the appeal lodged by the representative of the victim (or victim bringing a private prosecution) who participated in the criminal case, simplified pre-trial proceedings or proceedings on the complaint with a view to a private prosecution before the courts of first instance or appeal, only with the consent of the victim (or victim bringing a private prosecution) and his legal representative.