Public Prosecutor's Office (Azerbaijan)
The Public Prosecutor's Office in the Republic of Azerbaijan is an authority that is bound by instructions and is responsible for prosecution and enforcement and as such is part of the administration of justice .
Investigative authority
As soon as the public prosecutor's office becomes aware of the suspicion of a criminal offense by reporting or by other means, it has the task of investigating the facts for the purpose of resolving whether a public charge should be brought . In doing so, it should also identify aspects that are to be included in the discretion of the court to determine the legal consequences of the offense. The public prosecutor's office is required to research not only burdensome but also exonerating circumstances and to take them into account later.
To perform this task, the public prosecutor's office has the power to request information from all authorities and to carry out investigations of any kind itself or to have them carried out by authorities and police officers.
Prosecution
The Prosecutor of the Republic of Azerbaijan represents the prosecution in court on behalf of the state. The prosecution is not obliged to seek a conviction of the accused under any circumstances. Rather, it has to investigate in favor of the accused or defendant. It is not a party to criminal proceedings and does not cooperate with the court or against the accused or his defense counsel.
Right of initiative
The Prosecutor's Office of the Republic of Azerbaijan has the right to initiate legislation in the Parliament of the Republic of Azerbaijan . The draft laws and draft resolutions submitted by the public prosecutor's office by way of the legislative initiative are put to a vote in parliament within two months. If the public prosecutor's office declares the draft law or the draft order to be urgent, this period is 20 days.
organization
The Prosecutor's Office of the Republic of Azerbaijan is a unified central body based on the subordination of territorial and special prosecutors to the General Prosecutor of the Republic of Azerbaijan. The General Prosecutor is appointed and dismissed by the President of the Republic of Azerbaijan with the consent of Parliament. The territorial and special prosecutors are appointed and dismissed by the attorney general in coordination with the president.
Legal bases
The legal basis for the work of the Public Prosecutor's Office is primarily the Constitution , the Public Prosecutor's Office Act and the Code of Criminal Procedure of the Republic of Azerbaijan.
Service supervision
Supervision within the agency is primarily the responsibility of the head of the public prosecutor's office. Supervision of the head of the prosecutor's office is the responsibility of the President and the Parliament of the Republic of Azerbaijan.
Seat and management of the authority
The seat of the Azerbaijani Public Prosecutor's Office is in Baku. The current head of the prosecutor's office in Azerbaijan is Zakir Qaralov.
Individual evidence
- ↑ a b c d Constitution of the Republic of Azerbaijan, Article 133.
- ↑ Constitution of the Republic of Azerbaijan, Article 96. № 00, Baku November 12, 1995.
- ↑ Azərbaycan Respublikasının Cinayət Prosessual Məcəlləsi. Retrieved April 17, 2018 .
- ↑ 767-IQ - Prokurorluq haqqında. Retrieved April 17, 2018 .
- ↑ Absolit IT Solutions: Rəhbərlik | Azərbaycan Respublikasının Baş Prokurorluğu. Retrieved April 17, 2018 .