17.02.2021
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 inquiry submitted by the Prosecutor’s
Office of the Republic of Azerbaijan on interpretation of Article 332.3 of the
Criminal Code of the Republic of Azerbaijan.
Having
heard the report of Judge K.Shafiyev, studied and discussed written reports of
representatives of interested parties – the Prosecutor’s Office of the Republic of Azerbaijan, Head of the Military
Legislation sector of Department of State Building, Administrative and Military
Legislation of the Milli Majlis E.Asgarov, the opinion of the experts – Chairman
of Criminal Board of the Supreme Court of the Republic of Azerbaijan H.Nasibov
and Judge of the Court of Appeal of Baku city K.Alberov, the
Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that provisions of Article 332.3
of the Criminal Code of the Republic of Azerbaijan "Acts provided for by
Articles 332.1, 332.1-1, 332.1-2 or 332.2 of this Code" regarding Article
332.1 of this Code, causing grievous bodily harm to the victim or resulting in
other grave consequences are applied only in cases of "violation of
statutory rules by military personnel who are not subordinate to each
other."
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.
