15.07.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session in Shusha city.

At the court session was examined the constitutional cases on related interpretation of Articles 66.5 and 67 of the Criminal Code of the Republic of Azerbaijan based on the request submitted by the Yasamal District Court of Baku city, related interpretation of Articles 73-1, 178 and the Note part of Article 312 of the Criminal Code based on the inquiry of the General Prosecutor's Office of the Republic of Azerbaijan and verification of the conformity of the decision of the Supreme Court of the Republic of Azerbaijan dated November 24, 2020 with the Constitution and laws of the Republic of Azerbaijan on the complaint of N.Huseynbeyov.

Having heard the reports of the judges on the case, the speeches and opinions of the representatives of interested subjects, experts, the applicant's complaint and the materials of the case the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decisions.

The decision in the first case states that according to the meaning of Article 74.2.2 of the Criminal Procedure Code of the Republic of Azerbaijan in the case that the first episode of the ongoing crime was committed by the person before the verdict was passed on another crime and it continued and ended after the sentence entered into legal force, the crime should be considered committed after the sentence entered into legal force and the punishment should be determined according to the set of sentences in accordance with Article 67 of the Criminal Code of the Republic of Azerbaijan. 

In another case, in the decision of Plenum of the Constitutional Court it is noted that in terms of the principle of presumption of innocence established in Article 63 of the Constitution of the Republic of Azerbaijan, the a person who gives a bribe is exempted from criminal responsibility for voluntarily providing information on bribery to the relevant state body in accordance with the Note part of Article 312 of the Criminal Code of the Republic of Azerbaijan, and it should be considered possible to recognize him as a victim in the criminal case of fraud committed against him/her.

According to paragraph 1 of this Decision of Plenum of the Constitutional Court of the Republic of Azerbaijan if a person is recognized as a victim in a criminal process, a person who committed fraud against him/her in accordance with Article 73-1 of the Criminal Code of the Republic of Azerbaijan may be exempted from criminal liability upon reconciliation with him/her and full compensation for the damage caused.

Plenum of the Constitutional Court decided in the third case that the decision of the Administrative Board of the Supreme Court of the Republic of Azerbaijan dated November 24, 2020 regarding the complaint of N. Huseynbeyov against the Department for Assignment with Special Conditions of the State Social Protection Fund under the Ministry of Labor and Social Protection of the Population of the Republic of Azerbaijan for recalculation of the labor pension assigned due to disability to be considered inconsistent with Parts I and III of Article 38 and Part I of Article 60 of the Constitution of the Republic of Azerbaijan, Articles 91 and 96.5.1 of the Administrative Procedure Code of the Republic of Azerbaijan, the relevant court act should not be executed and the case should be re-examined in accordance with the legal positions reflected in this Decision in accordance with the procedure established by the administrative and civil procedural legislation of the Republic of Azerbaijan.

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