Murad Aslanov, a judge at the Baku Court of Grave Crimes, has provided a detailed explanation regarding the legal criteria for issuing an acquittal and distinguished this concept from a suspended sentence. According to the Operative Information Center-OMM, this clarification was issued following information provided by the Supreme Court.
Judge Aslanov emphasized that an acquittal is issued in cases where an individual's guilt has not been proven. Under the Criminal Procedure Code of the Republic of Azerbaijan, an acquittal may be granted if:
- no criminal act occurred;
- the individual's actions do not constitute a criminal offense;
- the individual's involvement in the crime is not established;
- the individual's guilt is not proven.
The judge noted that if any of these conditions are met, the individual is considered innocent. For example, if a person is accused of theft, but court proceedings reveal they had no connection to the incident, the court must issue an acquittal.
M. Aslanov stressed that the judiciary's role is not to automatically validate the findings of investigative bodies. Instead, the court independently examines all evidence, verifies its legality and reliability, and only then reaches a final decision. Furthermore, in cases where procedural violations occur during the pre-trial stage, the court may issue a special ruling to investigate the causes of these violations and ensure accountability.
Addressing public misconceptions, the judge clarified the fundamental difference between a suspended sentence and an acquittal. "During a suspended sentence, the individual is found guilty and a penalty is imposed, but the execution of that penalty is conditional upon a probation period," Aslanov explained. "In contrast, an acquittal signifies that the court has concluded the individual did not commit the crime or that their guilt was not proven, rendering them fully innocent."
The Azerbaijani judicial system operates under the principle of the presumption of innocence, a cornerstone of the country's legal framework. This ensures that the burden of proof lies with the prosecution, and any reasonable doubt must be resolved in favor of the accused, reinforcing the protection of human rights within the legal process.
