Konstitusiya Məhkəməsi

2022 Sep

09.09.2022

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

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 Articles 73.1 and 73.2 of the Criminal Code of the Republic of Azerbaijan.

Having heard the report of Judge R.Gvaladze, studied and discussed reports of representatives of interested parties – the Prosecutor’s Office and Deputy Head of the Department of Legal Support and Head of Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) S.Sultanov, conclusions of specialists – Chairman of the Criminal Board of the Supreme Court H.Nasibov, and opinion of experts – Head of the Department of Criminal Law and Criminology of the Faculty of Law of Baku State University, Doctor of Law, Professor S.Samadova and Head of the Department of Criminal Procedure, Doctor of Law, Professor F. Abbasova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with the requirements of Article 73.1 of the Criminal Code of the Republic of Azerbaijan, the fact that the person who committed a crime that does not cause a great public danger reconciles with the victim, pays for the damage caused or eliminates the damage caused is not an absolute basis for the decision to release him/her from criminal responsibility. The legislator defined the adoption of such a decision as the right, not the duty, of the bodies implementing the criminal process.

When examining the victim's application for reconciliation with the accused person, not only should be checked whether there are grounds provided for by the law, but also the public danger of the committed act, the identity of the accused and all the circumstances of the case should be taken into account.

Article 73.2 of the Criminal Code of the Republic of Azerbaijan is an imperative norm, and if the person who committed the criminal act (acts) listed in that article reconciles with the victim, as well as fully pays the damage caused to him/her, is an unconditional basis for his/her release from criminal responsibility.

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.