02.02.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the inquiry submitted by the Prosecutor’s Office of the Republic of Azerbaijan on related interpretation of Article 128 of the Constitution of the Republic of Azerbaijan, Articles 100 and 101 of the Law of the Republic of Azerbaijan “On Courts and Judges” and Article 53.1.5 of the Criminal Procedure Code of the Republic of Azerbaijan.

Having heard the report of Judge H.Afandiyeva, studied and discussed reports of representatives of interested parties – Chief of the Department of Legal Support and Human Rights of the Prosecutor General's Office A. Osmanova and Head of Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) H.M.Seyid, conclusions of specialists – Chairman of the Criminal Board of Supreme Court H.Nasibov, opinion of expert – Head of the Department of Criminal Procedure of the Faculty of Law of Baku State University, Doctor of Law, professor F.Abbasova, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to the meaning of Part II of Article 128 of the Constitution of the Republic of Azerbaijan, decision of the Judicial-Legal Council of the Republic of Azerbaijan or decision of the Constitutional Court of the Republic of Azerbaijan on refusal to consent to criminal prosecution (rejection of the submission) excludes criminal prosecution of a judge.

Taking into account the legal positions reflected in the descriptive and substantiating part of this Decision, to recommend to the Milli Majlis (Parliament) of the Republic of Azerbaijan to regulate the termination of criminal prosecution proceedings suspended in accordance with Articles 53.1.5 and 53.3 of the Criminal Procedure Code of the Republic of Azerbaijan based on the decision of the Judicial-Legal Council of the Republic of Azerbaijan or the decision of the Constitutional Court of the Republic of Azerbaijan on refusal to consent to criminal prosecution of a judge (rejection of the submission).

Except for cases of deliberately unfair verdicts, resolutions, rulings and decisions provided for in Article 295 of the Criminal Code of the Republic of Azerbaijan, a judge shall not be legally liable for his/her activities, positions expressed in his/her decisions, voting, and opinions, both during his/her term and after the termination of his /her powers, and he/she may not be required to explain or testify in these cases.

Criminal prosecution of a former judge for a crime revealed after the termination of a judge's powers, but committed during his/her term of office (except for cases of functional immunity) shall be carried out on general grounds in accordance with the criminal procedure legislation of the Republic of Azerbaijan and in this case the consent of the Judicial-Legal Council of the Republic of Azerbaijan or the Constitutional Court of the Republic of Azerbaijan is not required.

The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.