Forensic examination activity

An expert opinion is a reasoned final conclusion given to the questions posed to the expert by the body or person that has appointed (ordered) the forensic examination.

An expert is a person who has knowledge in various non-legal fields and is not interested in the case and is invited by the investigator, investigator, prosecutor or court to assist in conducting the investigation and other procedural actions. An expert differs from an expert in terms of his procedural status. An expert, using his special knowledge, provides an expert opinion, which is one of the types of evidence by law, as a result of expert research conducted by him. An expert, on the other hand, provides written and oral advice to the body conducting the criminal proceedings by participating in the conduct of the investigation (trial) and other procedural actions in the proceedings on the case materials.

- the decision of the investigator, investigator, prosecutor and judge in accordance with the Criminal Procedure Code of the Republic of Azerbaijan no later than 1 (one) month;

- the court decision in accordance with the Civil Procedure Code of the Republic of Azerbaijan no later than 1 (one) month;

- in relation to the cases provided for in Article 172.2 of the same Code no later than 10 days;

- up to 3 days in relation to the cases provided for in Article 172.3, the decision of the judge, authorized body (official) in accordance with the Code of Administrative Offenses of the Republic of Azerbaijan no later than 10 days;

- the decision of the administrative body in accordance with the Law of the Republic of Azerbaijan “On Administrative Proceedings”, unless another period is provided for in the legislation, no later than 30 days;

- the relevant provisions of the Civil Procedure Code of the Republic of Azerbaijan shall apply to the regulation of issues related to forensic examination in administrative court proceedings;

- within the period specified in the contract concluded with the person when the examination is ordered.

If during the investigation or trial, the parties or persons participating in the case disagree with the expert opinion, they may file a petition with the relevant authorities to conduct a re-examination.

If the opinion of the initial forensic examination is not sufficiently clear, if the expert does not fully resolve the questions posed, or if additional questions arise regarding the objects examined, an additional forensic examination is ordered to eliminate the gaps in the examination or opinion and its conduct is entrusted to that expert or another expert.

The Center conducts examinations in the following areas:

- forensic examinations assigned in cases of investigation, preliminary investigation body or court (judge) proceedings, including preliminary verification of the sufficiency of grounds for initiating a criminal case;

- examinations upon application of a notary or bodies and officials authorized to perform notarial acts.

If the expert's opinion is not sufficiently substantiated or raises doubts, or if the evidence on which it is based is considered unreliable (unreliable), or if the procedural rules for conducting the examination have been violated, a re-examination shall be conducted. The re-examination shall be assigned to another expert or experts.

Experts who conducted the previous examination may participate in the re-examination and provide explanations, but they shall not participate in the investigation and in the preparation of the opinion.

The decision to conduct a re-examination shall indicate the reasons for disagreement with the results of the previous examinations.

The decision of the person conducting the investigation, investigator, prosecutor, judge or court ruling, as well as the application of the defense party in cases where criminal prosecution is carried out by way of special prosecution, shall be considered the basis for conducting a forensic examination.