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.