Plenum of the Constitutional Court examined the constitutional case on interpretation of Article 453.10 of the Criminal Procedure Code of the Republic of Azerbaijan

News

2022 Sep

22.09.2022

 

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 request submitted by the Nasimi District Court on interpretation of Article 453.10 of the Criminal Procedure Code of the Republic of Azerbaijan.

Having heard the report of Judge R.Ismaylov, studied and discussed reports of representatives of interested parties – judge of Nasimi District Court of Baku city B. Panahov and Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M. Seyid, conclusions of specialists – Chairman of the Criminal Board of the Supreme Court H. Nasibov, judge of the Court of Appeal of Baku city I. Ibrahimli, Head of the Department of Legal Support and Human Rights of the Prosecutor General's Office A. Osmanova, member of the Presidium of the Bar Association F.Hasanov and opinion of expert – Professor, Doctor of Law, Head of the Department of Criminal Procedure of the Law Faculty of Baku State University F. Abbasova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in terms of the requirements of Articles 453.10 and 454 of the Criminal Procedure Code of the Republic of Azerbaijan, the review of the judge's decision on the legality and validity of the decision to reject the initiation of a criminal case by the court of appeal excludes the implementation of repeated judicial control over the same cases.

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.