11.09.2023
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 Baku Court of Appeal on interpretation of
Article 83.4 of the Criminal Code of the Republic of Azerbaijan in relation to
Article 167 of the Code on Execution of Sentences of the Republic of Azerbaijan
in terms of Part II of Articles 28 and 71 of the Constitution of the Republic
of Azerbaijan.
Having heard the report of Judge C.Qaracayev, studied and
discussed report of interested party – Baku Court of Appeal and Staff of
the Milli Majlis (Parliament); conclusions of specialists – Criminal Board of the Supreme
Court of the Republic of Azerbaijan and General Prosecutor's Office of the
Republic of Azerbaijan, the Plenum of Constitutional Court of the Republic of
Azerbaijan adopted decision.
The decision states that according to the meaning of
Article 83.4 of the Criminal Code of the Republic of Azerbaijan, when the
unserved part of the sentence of a convicted person is replaced by a lighter
type of punishment, the term of payment of the conviction should be calculated
from the day when the sentence replacing the unserved part of the sentence is
completed.
In Article 167.0.4 of the Code on Execution of
Sentences of the Republic of Azerbaijan, the replacement of the unserved part
of the sentence with a lighter type of punishment provides for the regulation
of exemption from the unserved part of the sentence in the order of execution
of sentences.
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.
