Azərbaycan Respublikası Ali Məhkəməsi

Principles of filing of application on revision of arrests or judgements on the basis of newly opened circumstances.
CODE OF CRIMINAL PROCEDURE OF THE AZERBAIJAN REPUBLIC
 
Article 461. Grounds for examining court judgments or decisions on the basis of newly discovered facts 

461.0 The grounds for examining court judgments or decisions on the basis of newly discovered facts shall be as follows: 

461.0.1. if a final court judgment or decision establishes that an erroneous judgment or decision was adopted as a result of deliberately false evidence given by the victim or a witness, a deliberately false opinion by the expert, deliberately false translation by the interpreter or forgery of material evidence, of records of the investigation and court procedures or of other documents; 

461.0.2. if a final court judgment or decision establishes that misuse of powers by the preliminary investigator, investigator, prosecutor or judge during the criminal case, the simplified pre-trial proceedings or the proceedings on the complaint with a view to a private prosecution resulted in the adoption of an erroneous judgment or decision; 

461.0.3. if together with the self-evident facts and those previously established, facts that were unknown to the court and the parties to the proceedings when the judgment or decision was given indicate that the person convicted is innocent or committed an offence either more or less serious than that of which he was convicted, or that the person who was acquitted, or in respect of whom the criminal case, simplified pre-trial proceedings or proceedings on the complaint with a view to a private prosecution were discontinued, is guilty.

Article 462. Judgments or decisions that may be examined on the basis of newly discovered facts 

462.0. The following final court judgments or decisions may be examined on the basis of newly discovered facts; 

462.0.1. a conviction; 

462.0.2. an acquittal; 

462.0.3. a decision to discontinue the criminal case, the simplified pre-trial proceedings or the proceedings on the complaint with a view to a private prosecution; 

462.0.4. a decision to apply compulsory medical measures; 

462.0.5. a decision to apply compulsory reformatory measures. 

Article 463. Court empowered to examine court judgments or decisions on the basis of newly discovered facts

Only the plenary Supreme Court of the Azerbaijan Republic shall have the right to examine court judgments or decisions on the basis of newly discovered facts. 

Article 464. Filing of applications for the examination of court judgments or decisions in connection with newly discovered facts 

464.1. Persons who have the right to file a complaint or appeal or submissions with the Supreme Court shall have the right to apply for examination of a court judgment or decision in connection with newly discovered facts. 

464.2. An application for the examination of a court judgment or decision in connection with newly discovered facts shall be filed in writing in accordance with Article 412 of this Code and with the procedure for lodging complaints or appeals with the Supreme Court. 

464.3. There shall be no time-limit for applying for the examination of a conviction in connection with newly discovered facts in favour of the convicted person. 

464.4. An application for re-examination of an acquittal which may result in a worsening of the acquitted person’s position, or for re-examination of a conviction which may result in a worsening of the convicted person’s position may be filed within 12 (twelve) months of the appropriate facts being established or of the applicant receiving information about the newly discovered facts. 

464.5. If re-examination is applied for with a view to acquitting the convicted person, that person’s death shall not prevent examination of the court judgment or decision on the basis of newly discovered facts. In that case, the application for examination of the court judgment or decision on the basis of newly discovered facts may be filed by the spouse or other close relative of the dead person. 

Article 465. Requirements governing applications for examination of a court judgment or decision on the basis of newly discovered facts

465.1. An application for examination of a court judgment or decision on the basis of newly discovered facts shall indicate the following: 

465.1.1. the family name, first name, father’s name and procedural status of the applicant; 

465.1.2. the exact title of the disputed judgment or decision (when, by whom and concerning which proceedings the document was issued); 

465.1.3. a detailed explanation of the grounds and evidence for the necessity of re-examining the court judgment or decision; 
465.1.4. the reasons for requesting examination of the court judgment or decision; 

465.1.5. information on compliance with the deadline for the submission of the application and on the proof available. 

465.2. A copy of the disputed court judgment or decision as well as the documents (originals or copies) supporting the application shall be attached to the application for re-examination of the court judgment or decision. 

465.3. The copies of the application for re-examination of the court judgment or decision and of the documents attached to it shall be in sufficient number to distribute to all those who have the right to lodge a complaint or appeal with the Supreme Court.