The rights of individuals and legal entities in criminal investigations and court proceedings

The rights of individuals and legal entities during investigations and trials are regulated by the Criminal Code and these persons have the right to the protection of their rights by a professional lawyer.

The objectives of the scope of the Criminal Law of the Republic of Azerbaijan are: ensuring peace and security of mankind, protecting the rights and freedoms of man and citizen, property, economic activity, public order and public safety, the environment, the constitutional system of the Republic of Azerbaijan from criminal encroachments, as well as the prevention of crimes.

Criminal legislation in the Republic of Azerbaijan consists of the Criminal Code. This Code is based on the principles of legality, equality before the law, responsibility for guilt, justice and humanism.

When conducting investigations, the inquiry officer, investigator, prosecutor or court must take measures to ensure the suspect or the accused is entitled to receive qualified legal assistance.

The investigating authority, as a participant in criminal proceedings, must provide the victim (private prosecutor), the plaintiff or his legal representative, the legal representative of the suspect or accused, as well as the representative of the defendant the right to use legal assistance.

Every person from the moment of detention or an indictment of a crime by the competent state authorities has the right to use the assistance of a lawyer.

Thus, the suspect or accused has the right to defense during the investigation and trial, and victims in the course of the investigation and trial have the right to petition and request professional legal support from law enforcement.

In accordance with the Law, criminal prosecution bodies must ensure that those involved in the criminal process observe and protect their human and civil rights and freedoms, as written in the Constitution.

According to the Criminal Code, the judicial power of the Republic of Azerbaijan is carried out through criminal proceedings. No one can be convicted of a crime without a court verdict.

Ensuring the rights and freedoms of persons held in places of detention

According to the Law "On ensuring the rights and freedoms of persons held in places of detention", detainees in addition to the rights provided for them by the Code of Criminal Procedure of the Republic of Azerbaijan, have the right:

  • To a telephone call about his detention to close relatives and other persons of legitimate interest to him, immediately after being taken to the place of detention;
  • On detention with personal security;
  • For written familiarization in a language understandable to them with their rights and obligations, the internal rules, including the regime, the procedure for sending proposals, statements and complaints to the place of detention immediately after their delivery to the place of detention and during detention in custody, keeping at home written information about this;
  • To prevent torture and inhuman or degrading action or punishment;
  • To inform about all procedural actions related to them during the period of detention
  • To meet with counsel and legal representative;
  • To receive free food, material, and sanitary services during their stay in the place of detention;
  • For the use of literature, including special literature, obtaining for use of literature, newspapers, and magazines from the library a place of detention or purchasing at one’s own expense writing materials, newspapers and magazines in the distribution network through the administration of the place of detention;
  • On the performance of religious rites, the use of religious literature, objects of religious worship;
  • To receive parcels, transfers;
  • To participate in civil law relations, use the services of a notary;
  • To appeal in accordance with relevant ethical standards;
  • Admission to the administration of the place of detention;
  • For familiarization with a criminal case, storage of documents related to the exercise of their rights and legitimate interests, or records or copies of records resulting from intellectual activity, including copies of answers to offers, statements, and complaints, with the exception of those documents and records that may be used for illegal purposes or contain information constituting a state or other secret protected by law;
  • To appeal with proposals, statements, and complaints regarding the legality and validity of their detention and violation of their legal rights and interests;
  • To an eight-hour sleep at night, during which they are prohibited from participating in procedural actions, with the exception of cases of urgent procedural actions provided for by the Code of Criminal Procedure of the Republic of Azerbaijan;
  • For a daily walk lasting at least two hours;
  • For playing sports, as well as using board games;
  • For the use of personal items, the list and quantity of which are determined by the Internal Rules;
  • To use their own clothes and shoes, to provide seasonal clothing in the absence of acceptable clothing.

Foreigners or stateless persons detained or detained are entitled to immediately contact the diplomatic and consular missions of their states or national or international organizations that have taken custody of them.

Provision of legal services to individuals and legal entities in criminal investigations and in court

Our company provides its clients with professional legal services regarding the resolution of criminal cases. Thus, the protection of the rights of suspects or accused during the investigation and trial, the protection of the rights of victims in the investigation and in court, the submission of applications, the protection of the rights of citizens in law enforcement bodies is provided by our professional lawyers.

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