01.08.2023

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 Shirvan Court of Appeal on interpretation of Articles 17.1, 17-1.1, 17-1.5 and 17-1.6 of the Code on Execution of Punishments in relation with Article 93-1.1 of the Criminal Code.

Having heard the report of Judge S.Salmanova, studied and discussed report of interested party – Shirvan Court of Appeal and Administrative Office of the Milli Majlis (Parliament); conclusions of specialists – Ministry of Justice, Ministry of Internal Affairs, General Prosecutor's Office, Supreme Court, Bar Association, Baku Court of Appeal; the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that Articles 93-1.1 of the Criminal Code of the Republic of Azerbaijan and Articles 17.1, 17-1.1, 17-1.5 and 17-1.6 of the Code on Execution of Punishments of the Republic of Azerbaijan, in addition to the prescribed punishment, not related to imprisonment, at the same time does not exclude treatment in specialized medical institutions, those subordinate to the relevant executive body, after serving the sentence of persons who have been prescribed compulsory medical measures for the purpose of treatment for alcoholism or drug addiction.

It should be recommended to the Cabinet of Ministers of the Republic of Azerbaijan to take appropriate measures related to the urgent treatment of persons on whom mandatory medical measures have been applied.

In accordance with the legal purpose and goals of Article 93-1.1 of the Criminal Code of the Republic of Azerbaijan, Article 26.3 of the Law of the Republic of Azerbaijan "On the Circulation of Narcotic Drugs, Psychotropic Substances and Their Precursors" the persons who are prescribed compulsory medical measures, depending on the severity of the disease, can be treated on an outpatient basis in specialized medical institutions.

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.