DOI: https://doi.org/10.36719/2663-4619/118/64-68
Asaf Huseynov
Police Academy of the Ministry of Internal Affairs of the Republic of Azerbaijan
UOT CODE: 343.13
https://orcid.org/0009-0005-9525-1447
huseynovasef504@gmail.com
On the improvement of Article 28 of the Criminal Procedure Code
Abstract
As is known, Article 28 of the Criminal Procedure Code of the Republic of Azerbaijan is entitled “Objectivity, Impartiality and Fairness of Criminal Proceedings.” According to Article 7.0.8 of this normative legal act, criminal proceedings include pre-trial proceedings as well as proceedings conducted in the courts of first instance, appellate, and cassation instances, as prescribed by the Criminal Procedure Code of the Republic of Azerbaijan. However, the provisions of Article 28 refer exclusively to the terms “court” and “judge,” which creates a normative barrier to applying the principles of objectivity, impartiality and fairness to other participants in criminal proceedings — such as the prosecutor, investigator and inquiry officer. Therefore, I consider it appropriate to replace the terms “court” and “judge” in the relevant article with a broader term — participants in criminal proceedings (including the prosecutor, investigator and judge), in order to ensure a more comprehensive application of the principles of a fair trial.
Keywords: objectivity, impartiality, fairness, public claim