21.07.2023
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 application of the Ganja Court of Appeal, on interpretation
of the "Note" part of Article 306 of the Criminal Code in connection
with Chapter 11 of that Code and Articles 39, 40, 41 and 43 of the Criminal
Procedure Code
Having heard the report of Judge I.Najafov, studied and
discussed report of interested party – Ganja Court of Appeal and the Administrative
Office of the Milli Majlis (Parliament); conclusions of specialists – Criminal Board
of the Supreme Court, Baku Court of Appeal and Bar Association; opinion
of expert – head of the Department of Criminal Procedure of the Law Faculty of
Baku State University, professor, Doctor of Law F. Abbasova, the Plenum of
Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that it is not excluded that a
person who has committed a criminal act under Article 306 of the Criminal Code
of the Republic of Azerbaijan may be re-released from criminal liability on the
basis of part "Note" of this Article.
If a person who has committed a criminal act under Article
306 of the Criminal Code of the Republic of Azerbaijan complies with the
conditions specified in the "Note" part of this article, criminal
prosecution against him/her shall be terminated in accordance with Articles
40.3 and 43.1. 2 of the Code of Criminal Procedure of the Republic of
Azerbaijan.
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.
