Judicial control as an instrument of provision in criminal proceedings the rights and interests of the persons not reached the age of bringing to criminal responsibility
Journal Title: Юридические науки и образование - Year 2015, Vol 44, Issue 44
Abstract
Inclusion in the new CPC of Azerbaijan, which came in force on 01.09.2000, the division in part of judicial control is a factor positively influencing in assignment of criminal procedure legislation (article 1 of the CPC), fulfillment of the tasks and achievement of the goals of criminal proceedings. Though, analysis of the norm of CPC regulating fulfillment of judicial control show that they are not completed, contradict each other, contain collisions, have a declarative nature etc. that is naturally for the most new norms not time tested by practice. It is not understandable that under relative clearness of the provisions indicated in the articles 449.3.1, 449.3.3, 449.3.4, 449.3.5, 449.3.6 и 449.3.7 of the CPC, though they contain a lot of tricky issues what in connection of detention, arrest a lawmaker means under actions and decisions. Whether only organizational and administrative problems are included here or are meant all rights of arrested person or only linked with conditions of detention and others. To eliminate this situation there would be true to provide defence part with the right to appeal any actions of the part of prosecution and court, which on opinion of a complainant are illegal or unfounded.
Authors and Affiliations
Javid Rzazade
Keywords
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