22.09.2022
Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by
Farhad Abdullayev, held a session.
At the court session was examined the constitutional
case based on the request submitted by the Nasimi District Court on interpretation of Article
453.10 of the Criminal Procedure Code of the
Republic of Azerbaijan.
Having heard the report of Judge R.Ismaylov, studied and discussed reports of representatives of interested parties – judge of Nasimi District Court of Baku city B. Panahov and Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M. Seyid, conclusions of specialists – Chairman of the Criminal Board of the Supreme Court H. Nasibov, judge of the Court of Appeal of Baku city I. Ibrahimli, Head of the Department of Legal Support and Human Rights of the Prosecutor General's Office A. Osmanova, member of the Presidium of the Bar Association F.Hasanov and opinion of expert – Professor, Doctor of Law, Head of the Department of Criminal Procedure of the Law Faculty of Baku State University F. Abbasova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states
that in terms of the
requirements of Articles 453.10 and 454 of the Criminal Procedure Code of the
Republic of Azerbaijan, the review of the judge's decision on the legality and
validity of the decision to reject the initiation of a criminal case by the
court of appeal excludes the implementation of repeated judicial control over
the same cases.
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.