SERVICES

Law of the Republic of Azerbaijan on Forensic Expertise

This Law determines the legal, organizational foundations and main directions of forensic expertise in the Republic of Azerbaijan, regulates the social relations arising during the organization and conduct of forensic expertise.[2]

Forensic expertise is carried out during the proceedings on civil, criminal and other cases falling within the jurisdiction of the courts of the Republic of Azerbaijan.

Chapter I
General Provisions

Article 1. Basic Concepts

The following concepts are used in this Law:

Forensic expertise - a study conducted on the basis of special scientific knowledge about material objects, events and processes that carry information about the circumstances of the case under investigation, preliminary investigation body or court (judge);

Forensic expertise - an activity related to the organization and conduct of forensic expertise, and aims to ensure the rights and legitimate interests of the participants in the process through special scientific knowledge;

forensic expert (expert) - a person who is entrusted with conducting a forensic examination, has the necessary knowledge of specific issues related to the subject of the forensic examination and has no vested interest in the outcome of the case, and has received a forensic expert certificate;

expert opinion - a reasoned final conclusion given to the questions posed to the expert by the body or person who appointed (ordered) the forensic examination;

subject of forensic examination - the range of issues resolved by the forensic examination;

forensic examination department - a state body that carries out forensic examination activities.

method of forensic examination research - a system of methods and means applied during the study of material objects, events and processes that carry information about the circumstances of the case related to the subject of forensic examination.[3]

Article 2. Legislation on forensic expertise

The legislation on forensic expertise consists of the Constitution of the Republic of Azerbaijan, the Criminal Procedure and Civil Procedure Codes of the Republic of Azerbaijan, the Code of Administrative Offenses of the Republic of Azerbaijan, this Law and other legislative acts of the Republic of Azerbaijan.[4]

Article 3. The task of forensic expertise

The main task of forensic expertise is to determine factual circumstances that have evidentiary value on the basis of special knowledge in science, technology, art, craftsmanship and other fields.

Article 4. Principles of forensic expertise

Forensic expertise is based on the principles of protection of human and civil rights and freedoms, ensuring legality, independence of the expert, objectivity, comprehensiveness and completeness of research carried out using modern achievements of science and technology.

Article 5. Observance of human and civil rights and freedoms during forensic examination

Human and civil rights and freedoms must be observed during forensic examination.

A person who considers that his rights and freedoms have been violated as a result of forensic examination activities may complain about this action to the head of the forensic examination department or to the court in accordance with the procedure stipulated by the legislation of the Republic of Azerbaijan.

Article 6. Independence of the expert

When conducting forensic examination, the expert is independent and cannot be dependent on the body or person that appointed (ordered) the forensic examination, the parties and other persons interested in the outcome of the case. The expert gives an opinion based on his special knowledge and inner conviction in accordance with the results of the research.[5]

It is prohibited for courts (judges), the person conducting the investigation, the investigator, the prosecutor, as well as other state bodies, organizations or individuals to exert any influence on the expert in order to obtain an opinion that meets the interests of any of the participants in the process or is in favor of other persons.

A person guilty of influencing an expert shall be liable in accordance with the procedure established by the legislation of the Republic of Azerbaijan.

Article 7. Objectivity, comprehensiveness and completeness of the study

An expert shall conduct the study objectively, comprehensively and completely within the relevant professional area, on scientific and practical grounds.

The expert's opinion shall be based on provisions that comply with the modern requirements of scientific development and allow it to be verified on the basis of generally accepted scientific evidence.

Article 8. Objects of expert study

The objects of expert study shall be material evidence, documents, samples for comparative study, objects, living people and their mental state, animals, corpses and their parts, as well as working materials necessary for conducting a forensic examination on their basis.

A living person, a corpse, an animal,

Objects reflecting (bearing signs of) the properties of an object, body, material or substance, as well as other samples necessary for the expert to conduct research and give an opinion, are considered samples for comparative research.

During the forensic examination, the objects of research may be damaged or used only to the extent necessary for conducting the research and giving an opinion, based on the relevant consent of the body or person that appointed (ordered) the examination. This consent must be indicated in the decision (resolution) on the appointment of the forensic examination or in the contract on ordering the forensic examination or in the relevant letter.[6]

If it is impossible to bring the object of research to the forensic examination department, and if it is necessary to conduct research at the scene of the crime or at the location of the object of research, the body or person that appointed (ordered) the examination must create conditions for the expert to conduct research on the object.

After the completion of the forensic examination, the object of research must be returned to the body or person that appointed (ordered) the examination.

Chapter II
Rights and Duties of the Head of the Forensic Expertise Department and the Expert

Article 9. Rights of the Head of the Forensic Expertise Department

After receiving a decision (resolution) on the appointment of a forensic expertise or concluding a contract on ordering a forensic expertise, the head of the forensic expertise department shall take appropriate measures to organize and conduct it, and to ensure the participation of the expert in court sessions, investigations and judicial proceedings.[7]

The head of the forensic examination department has the following rights:

in the absence of an expert in a specific specialty, the necessary material and technical base, or special conditions for conducting an investigation in the department, to return the object submitted for investigation together with the materials of the case without executing the decision (resolution) on the appointment of a forensic examination or without satisfying the official application for ordering a forensic examination;[8]

if the necessary knowledge of persons who are not employees of this department is needed for giving an opinion, to file a petition with the body or person that appointed (ordered) the forensic examination as an expert;

to organize the conduct of a forensic examination with the participation of other departments specified in the decision (resolution) on the appointment of a forensic examination or in the contract on ordering a forensic examination.[9]

The head of a forensic examination department is prohibited from:

requiring the objects of investigation and materials on the case necessary for conducting a forensic examination in the absence of a decision (resolution) on the appointment of a forensic examination or an agreement on ordering a forensic examination;[10]

independently involving persons who are not employees of this department in conducting a forensic examination as experts without consulting the body or person who appointed (ordered) the forensic examination;

giving instructions to an expert that affect the course of the investigation on a specific forensic examination and determine the content of its results.

Article 10. Duties of the Head of the Forensic Expertise Department

The head of the Forensic Expertise Department shall have the following duties:

upon receiving a decision (resolution) on the appointment of a forensic expertise or concluding a contract on ordering a forensic expertise, to give an assignment to a specific expert or experts from among the experts of that department who have the necessary knowledge and are able to answer the questions posed, to conduct the expertise;[11]

to explain to the expert (experts) their rights and obligations;

to warn the expert about the liability for knowingly giving a false opinion and to make a relevant note about this in the decision (resolution) on the appointment of the expertise or in the contract on ordering the forensic expertise, confirmed by the expert's signature;[12]

to determine the term of the forensic expertise in accordance with the procedure stipulated by the legislation of the Republic of Azerbaijan and to monitor its observance;

to ensure control over the completeness and quality of the conducted studies in compliance with the principle of the independence of the expert;

After the completion of the research, ensure that the expert's opinion, research objects and case materials are sent to the body or person that ordered the forensic examination.

The head of the forensic examination department also performs other duties determined by the legislation of the Republic of Azerbaijan.[13]

The head of the forensic examination department is obliged to create the following conditions necessary for conducting the research:

to obtain equipment, devices, materials and information support tools;

to ensure compliance with the rules of technical safety and industrial sanitation;

to collect the submitted research objects and

ensure the preservation of case materials.

Article 11. Forensic expert

A citizen of the Republic of Azerbaijan with higher education and special knowledge in a certain expertise specialty may be a forensic expert.

A person with dual citizenship, a person with obligations to other states, a religious figure, a person who has been recognized as incompetent or of limited capacity by a legally effective court decision, a person convicted of a crime, a person against whom a legally effective court decision has been issued on deprivation of the right to engage in expertise activities or the application of compulsory medical measures, as well as a person against whom the criminal case has been terminated without excusing grounds, may not be a forensic expert.

A person who meets the requirements specified in parts one and two of this article must obtain a forensic expert certificate (hereinafter referred to as the certificate) to work as a forensic expert.

Experts working in forensic expertise departments shall be issued a state forensic expert certificate by the relevant executive authority.

A person who meets the requirements specified in parts one and two of this article and wishes to act as a private forensic expert shall submit, in addition to a document confirming that the relevant state fee has been paid, documents confirming that he meets one of the following requirements:

1) that he has worked for at least 10 years in the specialty in which he wishes to act as an expert;

2) that he has a PhD or a Doctor of Science degree in the specialty in which he wishes to act as an expert;

3) that he has internationally recognized documents (diploma, certificate, etc.) confirming that he has special knowledge.

The list of internationally recognized documents confirming that a person has special knowledge is approved by the relevant executive authority. If a person who wishes to act as a private forensic expert submits a document that is not on that list to obtain a certificate, the issue of including that document in the list is examined, and if this document is included in the list, it serves as the basis for issuing a certificate to him.

A person wishing to act as a private forensic expert must participate in mandatory training on the general requirements of the legislation on forensic expertise, the rules for drawing up expert opinions and the provisions of the code of ethical conduct organized by the relevant executive authority through the Internet information resource. The procedure for conducting the training is determined by the relevant executive authority.

The relevant executive authority conducts interviews with persons wishing to act as private forensic experts.

Private forensic experts are issued certificates by the relevant executive authority.

The procedure for issuing a certificate is determined by the relevant executive authority.

Detailed information about the person who has received a certificate is immediately entered by the relevant executive authority into the Register of Forensic Experts. The person may act as a forensic expert only after receiving a certificate and entering information about him into the Register.

Persons included in the Register shall exercise all rights and perform duties provided for by this Law and relevant procedural legislation for forensic experts in connection with conducting forensic expertise and preparing expert opinions.

A forensic expert may only provide an expert opinion in the forensic expertise specialty(s) specified in the certificate.

A forensic expert must comply with the requirements of the code of ethical conduct of a forensic expert approved by the relevant executive authority.

Experts of the forensic expertise departments of the relevant executive authorities shall be granted special or military rank in accordance with the procedure established by law for employees of these authorities.[14]

The relevant executive authority shall monitor the compliance of forensic experts with the requirements of this Law.[15]

Article 11-1. Termination of the activities of a forensic expert

In the following cases, the relevant executive authority shall terminate the activities of a forensic expert by canceling the certificate:

when a person voluntarily submits a written application for the cancellation of the certificate;

when it is discovered that the documents submitted for obtaining the certificate contain deliberately distorted information;

when the person has not worked as a forensic expert for 5 years after receiving the certificate;

if he/she fails to pass the attestation or evades passing the attestation;

if he/she conducts the examination in gross or systematic violation of the requirements of the legislation;

if there is a legally effective court decision on the expert's limitation of his/her capacity to act or on his/her recognition as a person without capacity to act;

if the expert is denied citizenship of the Republic of Azerbaijan

when the expert is terminated or moves from the Republic of Azerbaijan to another country for permanent residence;

when the expert is convicted, there is a legally effective court decision on deprivation of the right to engage in expert activities or application of compulsory medical measures;

when the criminal case against the expert is terminated without excusing grounds;

when the expert dies, is declared dead by the court or is considered missing.

The relevant executive authority shall remove the name of the expert whose certificate has been revoked from the Register of Court Experts.

The expert whose certificate has been revoked shall be informed of the decision made within three working days.

Article 11-2. Attestation of Court Experts

Court experts shall be attested no more than once every 5 years. Persons who have been working as experts for more than 20 years are exempt from attestation.

As a result of the attestation, experts of forensic examination departments are awarded a qualification degree depending on their specialization and level of training.

The relevant executive authority determines the rules for conducting attestation and awarding a qualification degree.

Article 11-3. Register of Forensic Experts

The relevant executive authority enters information about experts of forensic examination departments and private forensic experts into the Register of Forensic Experts.

The rules for maintaining the register are determined by the relevant executive authority.

The register is open, posted on the official website of the relevant executive authority, and the information is constantly updated.

Persons not included in the register are prohibited from engaging in forensic examination activities and incur liability established by law.

Article 11-4. State Register of Forensic Examination Research Methods

The State Register of Forensic Examination Research Methods is maintained by the relevant executive authority.

The rules for maintaining the State Register of Forensic Examination Research Methods and entering new methods into that register are determined by the relevant executive authority.

When conducting forensic examinations, experts use research methods included in the State Register of Forensic Examination Research Methods. An expert may use a method not included in the State Register of Forensic Examination Research Methods only by substantiating in an expert opinion that the method meets all of the following conditions:

1) does not contradict the norms and principles stipulated by law;

2) is scientifically justified;

3) is safe for the life and health of people and the environment.

Article 11-5. Methodological fund of forensic examinations

A special fund consisting of scientific and methodological materials of forensic examinations shall be established. Electronic copies of these materials shall be included in the fund.

The rules for the establishment and use of the fund shall be determined by the relevant executive authority.[16]

Article 12. Rights of the expert

The expert shall have the following rights:

to familiarize himself with the materials on the case related to the subject of forensic examination, to obtain necessary information from them or to make copies of them;

to submit a motion for the submission of additional research objects and materials on the case necessary for issuing an opinion;

to submit a motion for the involvement of other experts in conducting a forensic examination;

to participate in the conduct of investigative or other procedural actions related to the subject of the examination and necessary for issuing an opinion, in accordance with the procedure established by the legislation;[17]

to participate in the examination of the materials of the case at the stage of the judicial investigation by a court decision (judge's decision);

to provide information for inclusion in the investigative actions or the protocol of the court session on the incorrect interpretation or distortion of the opinion or testimony given by the participants in the process;

to indicate in his opinion, in addition to the questions posed, other circumstances related to the subject of the forensic examination and considered important for the case;

to file a complaint in accordance with the procedure established by law if the actions of the body or person who appointed (ordered) the forensic examination violate the rights of the expert.

The expert may also exercise other rights established by the legislation of the Republic of Azerbaijan.[18]

An expert refuses to conduct a forensic examination in the following cases:[19]

if the procedural order for ordering a forensic examination is violated and this complicates or makes it impossible to conduct the examination;

if the questions asked go beyond the expert's necessary knowledge;

if the objects of research and materials on the case are unsuitable or insufficient for issuing an opinion and the expert's request for their completion is not satisfied;

if the conditions, methodological and

in the absence of dogs and equipment;

when there is a real threat to the life and health of the expert.

In such cases, the expert shall inform the body or person that ordered the forensic examination in writing.

An expert shall be prohibited from:

receiving an order for the experts of the forensic examination department to conduct a forensic examination from any person or body other than the head of that department;

carrying out forensic examination activities as an employee of another department, as well as as a private expert;[20]

establishing personal relations with the participants in the proceedings, which give grounds to assume that they are interested in the course of the case related to the conduct of the forensic examination;

independently collecting materials for conducting a forensic examination;

disseminating information from the investigation and preliminary investigation without the permission of the person conducting the investigation, investigator or prosecutor;

to disseminate information constituting a state, service, professional and commercial secret and protected by law, as well as information known to him in connection with the conduct of a forensic examination, the disclosure of which may lead to a violation of the rights and freedoms of man and citizen;

to destroy the object of research or significantly change its properties without the consent of the body or person who appointed (ordered) the forensic examination.

Article 13. Duties of the expert

The expert has the following duties:

In cases stipulated by the procedural legislation of the Republic of Azerbaijan, to inform the body or person who appointed (ordered) the forensic examination or the head of the forensic examination department about his own objection to the conduct of the forensic examination;

to conduct the forensic examination assigned to him, unless there are circumstances that preclude his participation as an expert in the conduct of the forensic examination;

to conduct a full and comprehensive study of the objects submitted and the materials on the case and to give a reasoned and objective opinion on the questions posed;

to appear at the summons of the person conducting the investigation, investigator, prosecutor or court (judge);

to testify during the investigation, preliminary investigation or in court on issues related to the conducted investigation and the opinion given;

to inform in writing the body or person that appointed (ordered) the forensic examination about the impossibility of issuing an opinion in the event of the circumstances provided for in Article 12 of this Law, which serve as grounds for refusing to conduct a forensic examination;[21]

to ensure the preservation of the submitted research objects and materials on the case.

The expert also performs other duties established by the legislation of the Republic of Azerbaijan.[22]

Article 14. Interrogation of an expert

If the expert's opinion is not sufficiently clear or if there are gaps in the opinion that do not require additional research, as well as if it is necessary to clarify the terms used in the opinion and the methods applied, the person conducting the investigation, investigator or court (judge) may interrogate the expert in accordance with the procedural legislation of the Republic of Azerbaijan. [23]

An expert may not be interrogated regarding information about the person on whom the forensic examination is being conducted that is not related to the subject of that forensic examination.

It is prohibited to interrogate the expert until his opinion is issued.

Chapter III
Types of forensic examination and its conduct

Article 15. Types of forensic examination

Forensic examination consists of the following types:

1) initial forensic examination;

2) additional forensic examination;

3) repeated forensic examination;

4) commission forensic examination;

5) complex forensic examination.

Article 16. Preliminary forensic examination

When special knowledge in the field of science, art, technology or craft is required to resolve any issue of importance during the course of the case, the expertise first appointed (ordered) for the purpose of clarifying that issue is called preliminary forensic examination.

Article 17. Additional forensic examination

If the opinion of the preliminary forensic examination is not sufficiently clear, if the expert does not fully resolve the questions posed, or if additional questions arise regarding the objects of the examination, an additional forensic examination is appointed (ordered) to eliminate the gaps in the examination or opinion and its conduct is entrusted to that expert or another expert.[24]

Article 18. Repeat forensic examination

If the expert's opinion is not sufficiently substantiated or raises doubts, or if the evidence on which it is based is considered invalid (unreliable), or if the procedural rules for conducting the examination are violated, a repeated examination is conducted. Another expert or experts are entrusted with conducting the repeated examination. Experts who have conducted the previous examination may participate in the re-examination and provide explanations, but they do not participate during the investigation and when the opinion is drawn up.

Re-examination

The decision to conduct an examination must indicate the reasons for disagreement with the results of previous examinations. When ordering a re-examination, the expert may be asked about the scientific validity of the previously applied research methods. [25]

In the event of a disagreement between experts, each expert shall separately formulate his/her opinion in writing on the issue that caused this.

Article 19. Commission forensic examination

A commission forensic examination shall be conducted by no less than two experts in the same specialty.

The commission nature of a forensic examination shall be determined by the body or person that has appointed it or the head of the forensic examination department.

The organization and conduct of a commission forensic examination shall be entrusted by the body or person that has appointed it to the head of the forensic examination department.

A commission consisting of at least three forensic experts shall be organized to conduct a forensic psychiatric examination of a person regarding his/her sanity.[26]

Taking into account the need to resolve the questions raised, the experts agree on the sequence and scope of the upcoming study.

Each expert entrusted with conducting a forensic examination within the commission is independent and freely evaluates the results obtained by him and by other experts and answers the questions posed within the limits of his necessary knowledge.

When conducting a forensic examination of the commission, the body or person who appointed (ordered) it, or the head of the forensic examination department, appoints one of the experts as a leader to coordinate the activities of the experts, develop a general research plan, set deadlines for the implementation of individual studies within the general period of conducting the examination and monitor their compliance, and lead the consultation of experts. The powers of the head of the commission do not differ from the powers of other experts.[27]

Experts consult among themselves before issuing an opinion. In the event of a general opinion, the opinion is signed by all experts.

In the event of a disagreement between experts, each expert separately draws up his opinion in writing on the issue that gave rise to it.

Article 20. Complex forensic expertise

When clarification of circumstances important for the case can be carried out only by conducting several studies based on different fields of knowledge or science, or a system of different methods within one field of knowledge, a complex forensic expertise is appointed (ordered). [28]

Issues related to the organization and conduct of complex forensic expertise, as well as the activities of experts, are resolved in the manner established by Article 19 of this Law.

The opinion of the experts participating in the conduct of complex forensic expertise shall indicate the type and scope of the research conducted by each expert, the facts established by him, and the results obtained. Each expert shall sign the opinion in the part reflecting the research conducted by him and shall be responsible for it.

In evaluating the results obtained and forming the final conclusion, the experts shall come to a common conclusion. If the basis of the common conclusion is the facts established by one or more experts, this shall be reflected in the opinion.

Article 21. Grounds for conducting forensic expertise

Forensic expertise is appointed by the decision of the investigator, investigator or prosecutor, or by the decision (decision) of the court (judge) in cases provided for by the procedural legislation of the Republic of Azerbaijan. Expertise appointed by the decision of the investigator, investigator or prosecutor, or by the decision (decision) of the court (judge) is carried out by experts of forensic expertise departments.

In cases provided for by the Civil Procedure, Administrative Procedure and Administrative Offenses Codes of the Republic of Azerbaijan, individuals or legal entities, their lawyers and representatives (legal representatives) have the right to officially apply to forensic expertise departments or private forensic experts to order forensic expertise. In this case, forensic expertise is carried out at the expense of the persons who ordered the forensic expertise on the basis of a contract concluded between these persons and the head of the forensic expertise department or private forensic experts. The agreement must be confirmed by the expert's signature that he/she is informed of his/her liability for giving a knowingly false opinion.

According to the Criminal Procedure Code of the Republic of Azerbaijan, in the event of criminal prosecution under the procedure of special prosecution, the suspect, accused or their defense counsel, or civil defendant, has the right to formally apply to the forensic examination departments to order the conduct of a forensic examination.

Article 22. Conduct of a forensic examination

Court

The body or person that has appointed (ordered) the forensic examination shall submit a list of questions, objects of research and materials on the case to the forensic examination department or private forensic expert for conducting the research and issuing an expert opinion.

The body or person that has appointed (ordered) the forensic examination shall take samples for comparative research in accordance with the procedure established by the procedural legislation of the Republic of Azerbaijan and attach them to the case. If taking a sample is part of the forensic examination activity, this action shall be performed by the expert conducting the forensic examination.

During the research process, the expert may prepare experimental samples, and this fact shall be indicated in the expert's opinion. The body or person that has appointed the examination may participate in the preparation of such samples, and this action shall be reflected in the protocol drawn up by it.

The terms of conducting the forensic examination shall be determined in accordance with the Criminal Procedure, Civil Procedure and Administrative Offenses Codes of the Republic of Azerbaijan.[29]

Article 22-1. Conducting an expert examination at the initiative of the defending Party in the case of criminal prosecution in the form of a special indictment[30]

In order to determine the circumstances that may serve the interests of the defending Party in the case of criminal prosecution in the form of a special indictment, the defense attorney has the right to formally apply to one or more experts or an expert office on his own initiative to conduct an expert examination, provided that the expert's work is paid for on the basis of a contract.

In the case of criminal prosecution in the case of criminal prosecution in the form of a special indictment, when conducting an expert examination at the initiative and at the expense of the defending Party, a contract is concluded between the expert and that party. The defending party pays the costs of conducting the expert examination and provides the expert with a list of questions and objects for research.[31]

Article 23. Organization of forensic expertise

The activities of forensic experts may be organized in forensic expertise departments of the relevant executive body, scientific institutions and organizations, higher education institutions, testing laboratories accredited in accordance with the Law of the Republic of Azerbaijan “On Accreditation in the Field of Conformity Assessment”, private legal entities, as well as by a private forensic expert separately.

Forensic medical, forensic psychiatric, forensic ballistics, forensic explosive-technical, forensic examinations of banknotes and securities, narcotic drugs, psychotropic substances and their precursors, potent and toxic substances, medicines and pharmaceuticals are carried out only by forensic expertise departments.[32]

Individuals and organizations carrying out forensic expertise activities carry out their activities on conducting forensic expertise on the basis of generalization of expert experience, professional training of experts and their specialization, as well as the study of expert practice using unified scientific and methodological methods.

Forensic expertise departments provide methodological assistance to forensic experts.

The amount of the fee paid for the services provided in forensic expertise departments in connection with forensic expertise activities shall be determined by the relevant executive authority.[33]

Article 24. Restrictions on conducting forensic expertise

If circumstances are established confirming that the head of the forensic expertise department is interested in the case, the conduct of forensic expertise cannot be assigned to that department, and the initiated investigation shall be immediately terminated.

If the grounds specified in the procedural legislation of the Republic of Azerbaijan exist, the expert shall object to participation in conducting forensic expertise, and if he is assigned to conduct forensic expertise, he shall immediately terminate its conduct.

If the conduct of forensic expertise was carried out in violation of the requirements of parts one and two of this article, it shall be considered not performed and the expert's opinion shall not be used as evidence. In such a case, the issue of ordering (ordering) forensic expertise shall be resolved anew.