13.11.2023

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 request of the Prosecutor's Office of the Republic of Azerbaijan on related interpretation of Articles 156.2, 159.1, 159.3, 159.3-1, 159.8-1, 163.2 and 163.4 of the Criminal Procedure Code of the Constitution of the Republic of Azerbaijan in relation with Articles 84.5.11, 84.5.16, 151.2, 172.2, 290.5.2 and 290.5.3 of that Code.

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

The decision states that according to parts I and II of Article 28 and part X of Article 71 of the Constitution of the Republic of Azerbaijan and according to the meaning of articles 85.2.1 and 85.2.5 of the Criminal Procedure Code of the Republic of Azerbaijan, the selection and extension of a preventive measure on a criminal case in the investigator's proceedings in accordance with the requirements of Articles 156.2, 159.1, 159.3, 159.3-1, 159.8-1, 163.2 and 163.4 of that Code is carried out by a court decision on the basis of the investigator's reasoned request and the presentation of the prosecutor conducting the procedural management of the preliminary investigation.

In cases referred to in Articles 156, 159 and 163 of the Criminal Procedure Code of the Republic of Azerbaijan the prosecutor who has initiated a criminal case, and in this case conducts the preliminary investigation using the powers of the investigator, may apply to the court with a presentation on the selection and extension of a preventive measure on the suspect or accused person.

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.