Azərbaycan Respublikası Ədliyyə Nazirliyi

Innovations are being applied in criminal proceeding

Innovations are being applied in criminal proceeding
Innovations are being applied in criminal proceeding
Innovations are being applied in criminal proceeding

Purposeful steps are being taken to ensure the sustainable and stable development of our country under the leadership of the President of the Republic of Azerbaijan, Mr. Ilham Aliyev. Taking decisive measures against the global pandemic COVID-19, which is raging in the world and threatens human health, our people demonstrate social solidarity by joining the calls of the President and First Vice President of Azerbaijan Mehriban Aliyeva to combat this scourge.

The recent clashes and bloody battles in the direction of Tovuz on the Azerbaijani-Armenian state border as a result of another Armenian military provocation, the courage of our servicemen show the strength of our state, our army, the close mobilization of our people around the President, Supreme Commander-in-Chief.

This year, consistent and purposeful measures have been taken to improve the justice and judicial system within the framework of the comprehensive reforms carried out by the President in accordance with the new challenges.

According to the Decree "On deepening of the reforms in the judicial-legal system" dated April 3, 2019, as a manifestation of the humanist policy of the President, some actions were decriminalized, exemption from criminal liability on the condition of reconciliation with the victim and compensation for damages was defined with the amendments to the criminal law by the Law adopted on May 1 this year. In this regard, the ministry has already studied the cases of 600 prisoners to ensure the implementation of the new law and analysed their impact under the law.

As part of the implementation of the decree, it was also possible to hold a video conference on criminal cases with the amendments to the Code of Criminal Procedure.

Thus, the innovations in the legislation identified the procedure for conducting criminal proceeding through the "Electron Court" information system, the participation of participants in criminal proceedings in the trial without visiting the court and the investigative body, continuous audio recording of court hearings, etc.

In addition, the opportunities of liquidating the criminal application in the preparatory hearing without extension of court proceeding were extended, the timeframe for cassation appeals was shortened, the procedure for their submission and consideration was improved, and the procedure for recognizing judgments or other final decisions of foreign courts was established.

At a time when a special quarantine regime has been declared in connection with the COVID-19 pandemic, the application of this innovation is of particular importance to increase the efficiency of justice and facilitate access, ensure the

safety and remote interrogation of the parties, prevent additional time loss and costs, and procrastination.

Due to the entry into force of the new law on 15.07.2020, the Ministry of Justice immediately took the necessary measures and, taking into account the quarantine regime of the courts, from July 16 began to conduct criminal proceedings online in video conference format.

The courts considered without delay in online form the submissions sent by the Ministry taking into account the Commission’s opinions, where the Civil Society Institutions are represented, and about 70 people were released from prisons or transferred to a lesser regime facility.

At the same time, about 130 people have already been released or their sentences reduced after considering the proposals on prisoners affected by the new law on the humanization of penal policy.

In the current pandemic, the application of such humanist institutions with the use of innovations is a manifestation of the state's concern for human health, rights and interests.

It should be noted that, in order to improve the judicial protection of civil rights of citizens during the pandemic, the "Electron Court" information system has been able to conduct non-criminal trials in video conference format since April.