18.07.2023

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 request of the Prosecutor's Office on interpretation of Articles 234.4.4 and 236 of the Criminal Code in connection with Article 428.10 of the Code of Administrative Offenses.

Having heard the report of Judge R.Ismaylov, studied and discussed report of interested party – General Prosecutor's Office and the Administrative Office of the Milli Majlis (Parliament); conclusions of specialists – Criminal Board of the Supreme Court, Ganja Court of Appeal, Shirvan Court of Appeal, Presidium of the Bar Association, Ministry of Internal Affairs and Ministry of Digital Development and Transport; opinion of expert – professor of the Department of Constitutional Law of the Faculty of Law of Baku State University, Doctor of Law S. Aliyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with the content of Article 234.4.4 of the Criminal Code of the Republic of Azerbaijan, with regard to the requirements of the principle of prohibition of the expansive interpretation of criminal law arising from part VIII of Article 71 of the Constitution of the Republic of Azerbaijan, illicit trafficking in narcotic drugs, psychotropic substances or their precursors, since the commission of relevant acts using information resources of the Internet or information and telecommunication networks only as an individual communication channel between the seller and the buyer does not contain a sign of mass, is not a criminal offence provided for in this article, but, depending on the circumstances of the case, creates a criminal offence, provided for by Articles 234.2, 234.3, 234.3-1, 234.4.1, 234.4.2 or 234.4.3 of this Code.

Taking into account the norms and principles of the Constitution of the Republic of Azerbaijan, in accordance with the requirements of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (paragraph (iii) of subparagraph (c) of Article 3), to recommend to the Milli Majlis (Parliament) of the Republic of Azerbaijan to establish criminal liability for the sale of narcotic drugs or psychotropic substances.

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.