28.09.2023

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 request of the Prosecutor's Office of the Republic of Azerbaijan on related interpretation of Articles 74.2.1, 74.5 and 74.8 of the Criminal Procedure Code of the Republic of Azerbaijan in terms of the requirements of Article 62 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed report of interested party – the Prosecutor's Office of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament); conclusions of specialists – the Criminal Board of the Supreme Court of the Republic of Azerbaijan, the Criminal Board of the Baku Court of Appeal, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to Article 74.2.1 of the Criminal Procedure Code of the Republic of Azerbaijan, the case of extended crimes with an alternative composition must be heard by the courts of jurisdiction of the place where the crime was committed.

According to Article 74.5 of the Criminal Procedure Code of the Republic of Azerbaijan, criminal cases, one of which belongs to the court of serious crimes, and the other to the district (city) court, should be examined in the court of serious crimes at the place where the serious crime was committed.

The jurisdiction of criminal cases in which pre-trial execution has been completed in investigative structures whose territorial jurisdiction covers the entire territory of the Republic of Azerbaijan or several administrative territorial units must be established at the place of commission of the largest or most serious of the relevant crimes in accordance with the legal provision of Article 74.1 of the Criminal Procedure Code 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.