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Principles of giving of the complaint as the additional cassation in Plenum of the Supreme Court on decisions of Board on Criminal cases.
CODE OF CRIMINAL PROCEDURE OF THE AZERBAIJAN REPUBLIC
Article 421. Additional submissions, appeals and complaints to the Supreme Court
421.1. Additional submissions, appeals and complaints may be filed with the Supreme Court in the following cases:
421.1.1. if the Supreme Court, in examining the complaint or appeal, violated one or more requirements of Articles 418.2.2., 418.2.3., 418.2.5, 418.2.7., 418.3., 418.4, 419.2., 419.5., 419.6., 419.8., 419.11 and 419,13 of this Code;
421.1.2. if the Supreme Court’s decision does not state the reasons;
421.1.3. if the concluding part of the Supreme Court’s decision is inconsistent with its statement of the facts and reasons.
421.2. Submissions on additional appeal may also be made if the final judgment or decision of the court of first instance or appeal or the Supreme Court was based on a legal instrument deemed by the Constitutional Court of the Azerbaijan Republic to be unconstitutional.
421.3. Additional submissions, appeals and complaints appeal shall be made before the plenary Supreme Court of the Azerbaijan Republic.
Article 422. Persons entitled to file additional submissions, appeals and complaints with the Supreme Court
422.1. Only the Chairman of the Supreme Court of the Azerbaijan Republic shall have the right to make submissions on additional appeal to the plenary Supreme Court of the Azerbaijan Republic. 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.
422.2. The Principal Public Prosecutor of the Azerbaijan Republic shall have the right to file an additional appeal only in the case of a public or semi-public prosecution.
422.3. Only a convicted person or a defence counsel who meets the following requirements shall have the right to file an additional complaint:
422.3.1. a lawyer meeting the requirements of Article 92.1. of this Code;
422.3.2. a lawyer who has been ordered by the relevant local branch of the bar association to participate in the criminal case, the simplified pre-trial proceedings or the proceedings on the complaint with a view to a private prosecution.
Article 423. Filing of additional submissions, appeals and complaints with the Supreme Court
423.1. Additional submissions, appeals and complaints may be filed with the Supreme Court only on points of law, to verify whether the provisions of criminal law or of this Code have been correctly applied.
423.2. In the cases provided for in Article 421.1. of this Code, submissions, appeals and complaints may be submitted within 12 (twelve) months of the disputed Supreme Court decision. In the cases provided for in Article 421.2. of this Code, there shall be no time-limit for making submissions on additional appeal.
423.3. Additional submissions, appeals and complaints shall be filed in writing together with copies of the disputed judgment or decision and of any documentary evidence.
423.4. Additional submissions, appeals and complaints shall comply with the requirements of Article 413.1.1.- 413.1.6 of this Code.
423.5. Copies of additional submissions, appeal or complaint shall be attached in sufficient number to be given to all those entitled to file such submissions, appeals or complaints.
423.6. A person who files additional submissions or an additional appeal or complaint shall have the right to withdraw it until the matter is examined by the plenary Supreme Court of the Azerbaijan Republic. Withdrawal of such submissions, appeals and complaints shall cause their examination by the Supreme Court of the Azerbaijan Republic to be discontinued.
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