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Azerbaijan approves amendments to its Code of Criminal Procedure

20 December 2022 17:02 (UTC+04:00)
Azerbaijan approves amendments to its Code of Criminal Procedure

President Ilham Aliyev has signed a law on amendments to the Code of Criminal Procedure of the Republic of Azerbaijan.

According to the law, the following amendments are made:

- Under the Article 522:

- Article 522.1 is considered Article 522.1-1 and Article 522.1 is added as follows:

"522.1. Recognition of sentences or other final decisions of courts of foreign states shall be carried out on the basis of the request of the relevant competent authority of foreign states or in connection with criminal prosecution in the Republic of Azerbaijan, if necessary, in the manner prescribed by articles 522–525 of this code.";

- Article 522.3-1 is added as follows:

“522.3-1. The Prosecutor General's Office of the Republic of Azerbaijan shall make a submission on the recognition of sentences or other final decisions of courts of foreign states in accordance with article 522.6 of this code on the basis of the request of the relevant competent authority of a foreign state or in connection with criminal prosecution in the Republic of Azerbaijan.”;

- The first paragraph of Article 522.4 is given in the following edition:

"522.4. Based on the request of the relevant authorized body of a foreign state, the submission envisaged in Article 522.3-1 of this Code is provided in the presence of any of the following circumstances:"

- At the end of Article 522.4.4, the dot is replaced by a semicolon, and Article 522.4.5 is added as follows:

"522.4.5. if the property on which the courts of foreign states have passed a sentence or other final decision on its confiscation is located in the Republic of Azerbaijan."

- In article 523.1.9, the word "convicted" is replaced by the words "to the person against whom a sentence or other final decision has been passed, and to the crime committed".

- Article 524.5.7 is repealed.

- Added articles 525.5 and 525.6 as follows:

"525.5. Article 525.4 of this Code does not apply to cases of compensation to a person for damage in connection with the confiscation of property or its value, or the return of confiscated property to the rightful owner. Within the framework of the paragraphs of this chapter, the property or its value is returned to the claimant State in full, minus the court costs and the costs of maintaining the property to compensate the victim or return the property to the rightful owner."

"525.6. Failure to convict a person of a criminal offense does not exclude recognition of the final decisions of the courts of foreign states on the confiscation of property.”.

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