Amendments are being made to the legislation regarding persons whose property is seized.
Medianews.az reports, citing "Qafqazinfo," that this is reflected in the proposed amendment to the Criminal Procedure Code.
According to the draft, a physical person who is not an accused but whose legal interests are affected by the decision of the body carrying out the criminal proceedings concerning the seizure of property will be notified by the body conducting the criminal proceedings according to the last known place of residence, and a legal entity will be notified at its location address.
The body carrying out the criminal proceedings will make a decision on involving the person whose legal interests are affected by the decision on seizure of property in the criminal proceedings as a party within 3 (three) days at the latest, based on the application submitted by the person indicated in Article 99-1.1 of this Code.
The person whose legal interests are affected by the decision of the body carrying out the criminal proceedings concerning the seizure of property shall exercise the following rights in the cases and procedures stipulated in this Code:
- to submit evidence and other materials to be added to the criminal case and examined at the court session;
- to file objections and motions;
- to participate in the sessions of the first and appellate courts and the examination of the case materials;
- to participate in the cassation, additional cassation, or review due to new circumstances or newly discovered facts concerning the violation of rights and freedoms related to the complaint affecting their legal interests, and in the examination of criminal case materials, or to express objections to the complaint of another participant of the criminal proceedings;
- to express their opinion on the motions and proposals submitted by other participants of the criminal proceedings in the court session, as well as on issues resolved by the court;
- to have a representative and terminate their powers;
- to give testimony (explanation) in their native language or another language they know;
- to be informed by the body conducting the criminal proceedings about decisions adopted that affect their rights and legitimate interests, and to receive copies of such decisions upon their request;
- regardless of whether a decision to involve the person whose legal interests are affected by the decision of the body conducting the criminal proceedings on property seizure as a party has been made or not, to appeal the court supervision over the seizure of property to secure special confiscation or civil claim, and to file appeals in appellate, cassation, or additional cassation procedures against the court's judgment or other final decision concerning the application of special confiscation or the seizure of property to secure a civil claim.
The person whose legal interests are affected by the decision of the body conducting the criminal proceedings on property seizure must perform the following duties in the cases and procedures stipulated in this Code:
- to appear upon the summons of the body conducting the criminal proceedings;
- to obey the instructions of the investigator, inquirer, prosecutor, or the chairperson of the court session;
- not to leave the courtroom until the chairperson of the court session announces a recess without permission;
- to observe order during the court session;
- not to disseminate information concerning the inviolability of private life, family, state, professional, commercial, or other secrets protected by law.