14.10.2022

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 request submitted by the Court of Appeal of Ganja city on interpretation of Articles 18.4.4 and 83.3.2 of the Criminal Code of the Republic of Azerbaijan in terms of Articles 8, 9, 61.1.1 and 65.2 of that Code.

Having heard the report of Judge K.Shafiyev, studied and discussed reports of representatives of interested parties – Chairman of Criminal Board of the Court of Appeal of Ganja city T.Muhtarov and Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid, conclusions of specialist – Chairman of the Criminal Board of the Supreme Court H. Nasibov, Chairman of the Criminal Board of the Court of Appeal of Baku city E.Ragimov, Head of the Department of Legal Support and Human Rights of the Prosecutor General's Office A.Osmanova, members of the Bar Association of the Republic of Azerbaijan Sh. Mamedov and B.Mamishov; opinion of expert – Head of the Department of Criminal Law and Criminology, Faculty of Law, Baku State University, Doctor of Law, Professor Sh.Samedova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that Article 18.4.4 of the Criminal Code of the Republic of Azerbaijan provides for only punishments caused by a criminal record not related to imprisonment.

According to the content of Articles 18.4 and 83.4-1 of the Criminal Code of the Republic of Azerbaijan, if a person sentenced to other types of punishment, in addition to deprivation of liberty for a combination of crimes or punishments, repeatedly commits a deliberate crime during the period of a criminal record that has not been extinguished or dismissed, then his/her act creates a recurrence of the crime.

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.