02.02.20232

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 application lodged by the Court of Appeal of Sheki city on interpretation of paragraph 2 on the part "Note" of Article 72 of the Criminal Code of the Republic of Azerbaijan in cooperation with Articles 73-1.2 and 73-1.3 of this Code.

Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Judge of Court of Appeal of Sheki city N.Guliyev 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 Supreme Court G.Nasibov, judge of the Court of Appeal of Baku city Z.Shirinov, Head of the Department of Legal Support and Human Rights of the Prosecutor General's Office A.Osmanova; opinion of expert – associate professor of the Department of Constitutional Law, Faculty of Law, Baku State University, Ph.D. in Law M.Bayramov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that when committing a criminal act (acts) under Article 73-1.2 of the Criminal Code in complicity, the total damage caused as a result of the crime is determined depending on the nature and degree of actual participation of each of the accomplices of the crime committed, as well as depending on other circumstances determined by law, a person who reconciled with the victim by fully paying the share of the total damage caused as a result of the crime to the victim, as well as paying twenty-five percent of that share to the state budget, shall be released from criminal liability.

When committing a criminal act (acts) under Article 73-1.3 of the Criminal Code in complicity, the total damage caused as a result of the crime is determined depending on the nature and degree of actual participation of each of the accomplices of the crime committed, as well as depending on other circumstances determined by law, a person who reconciled with the victim by fully paying the share of the total damage caused as a result of the crime to the victim, as well as paying fifty percent of that share to the state budget, shall be released from criminal liability.

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.