03.02.2021

The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular 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 Sumgait city on interpretation of the sign “recidivism” provided for in Article 178.2.2 of the Criminal Code of the Republic of Azerbaijan in terms of Article 18 of this Code.

Having heard the report of Judge R.Gvaladze, studied and discussed written reports of representatives of interested parties – Chairman of the Criminal Board of the Chairman of the Criminal Board of the V.Jafarov, Head of the Legislative sector on human rights of Department of State Building, Administrative and Military Legislation of the Milli Majlis S.Sadiqov, written opinions of specialist – Chairman of the Criminal Board of the Supreme Court H.Nasibov, Judge of the Court of Appeal of Baku city F.Gasimov and representative of the Prosecutor General's Office O.Isayev, and also with the opinion of the expert - Head of the Legal Department of the National Aviation Academy, Doctor of Law A. Rustamzade, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that if the crimes provided for in Article 16 of the Criminal Code of the Republic of Azerbaijan are repeated, the crimes included in it are not united by common intent and common purpose, and each individual act cannot actually be connected with others.

In accordance with the requirements of Articles 16 and 18 of the Criminal Code of the Republic of Azerbaijan, if one of the repeat crimes was committed during the period of outstanding conviction and the recidivism did not occur, and other crimes were committed after the cancellation of conviction, the recidivism of a person's acts cannot be determined.

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.