Plenum of the Constitutional Court examined the constitutional case on interpretation of Article 83.4 of the Criminal Code in relation to Article 167 of the Code on Execution of Sentences in terms of Part II of Articles 28 and 71 of the Constitution

Xəbərlər

2023 Sep

11.09.2023

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

At the court session was examined the constitutional case based on the application of the Baku Court of Appeal on interpretation of Article 83.4 of the Criminal Code of the Republic of Azerbaijan in relation to Article 167 of the Code on Execution of Sentences of the Republic of Azerbaijan in terms of Part II of Articles 28 and 71 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed report of interested party – Baku Court of Appeal and Staff of the Milli Majlis (Parliament); conclusions of specialists – Criminal Board of the Supreme Court of the Republic of Azerbaijan and General Prosecutor's Office of the Republic of Azerbaijan, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to the meaning of Article 83.4 of the Criminal Code of the Republic of Azerbaijan, when the unserved part of the sentence of a convicted person is replaced by a lighter type of punishment, the term of payment of the conviction should be calculated from the day when the sentence replacing the unserved part of the sentence is completed.

In Article 167.0.4 of the Code on Execution of Sentences of the Republic of Azerbaijan, the replacement of the unserved part of the sentence with a lighter type of punishment provides for the regulation of exemption from the unserved part of the sentence in the order of execution of sentences.

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.